Judicial Review in Commonw'lth Countries

Subject 730-626 (2009)

Note: This is an archived Handbook entry from 2009. Search for this in the current handbook

Credit Points:
Level: Graduate/Postgraduate
Dates & Locations: For information about these dates, click here.
Time Commitment: Contact Hours: 24 - 26 contact hours per subject.
Total Time Commitment: The time commitment for this subject depends on the candidates background and experience.
Prerequisites: N.A.
Corequisites: N.A.
Recommended Background Knowledge: None
Non Allowed Subjects: None
Core Participation Requirements: N.A.
Subject Overview:

Objectives:

A student who has successfully completed this subject should:

  • Be generally aware of the traditional approaches to judicial review of administrative action in Commonwealth countries
  • Understand the forces producing change in administrative justice and be able to anticipate some new developments
  • Be aware of major recent developments in administrative justice in selected Commonwealth countries
  • Be able to compare and evaluate these changes
  • Understand and be able to apply key administrative law doctrines, including lawfulness, procedural fairness, reasonableness and rationality.

Syllabus:

Principal topics will include:

  • The relationship between constitutional and statutory forms of administrative review and the common law, and the influence of the doctrine of the separation of powers
  • The distinction between appeal and review, including the role of appellate tribunals
  • The sources of, and dividing line between, public and private power
  • Grounds for review of administrative action, particularly reasonableness and rationality
  • The requirements of procedural fairness Procedural aspects of administrative law and remedies.
Assessment:
  • Research paper 10,000 words (100%) (14 December) (topic approved by the subject coordinator)
Prescribed Texts: Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.
Breadth Options:

This subject is not available as a breadth subject.

Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Please see the Subject Objectives for this information.
Links to further information: 730-626Judicial Review in Commonw'lth CountriesMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P

Objectives:

A student who has successfully completed this subject should:

  • Be generally aware of the traditional approaches to judicial review of administrative action in Commonwealth countries
  • Understand the forces producing change in administrative justice and be able to anticipate some new developments
  • Be aware of major recent developments in administrative justice in selected Commonwealth countries
  • Be able to compare and evaluate these changes
  • Understand and be able to apply key administrative law doctrines, including lawfulness, procedural fairness, reasonableness and rationality.

Syllabus:

Principal topics will include:

  • The relationship between constitutional and statutory forms of administrative review and the common law, and the influence of the doctrine of the separation of powers
  • The distinction between appeal and review, including the role of appellate tribunals
  • The sources of, and dividing line between, public and private power
  • Grounds for review of administrative action, particularly reasonableness and rationality
  • The requirements of procedural fairness Procedural aspects of administrative law and remedies.
  • Research paper 10,000 words (100%) (14 December) (topic approved by the subject coordinator)
N.A. N.A.24 - 26 contact hours per subject.Core subject materials will be provided free of charge to all students. Some subjects require further texts to be purchased. Please visit the subject homepage on the Melbourne Law Masters website by following the link at the bottom of this subject entry.Please see the Subject Objectives for this information.The time commitment for this subject depends on the candidates background and experience.N.A.Please see the subject homepage on the Melbourne Law Masters website for up to date timetable information.LawLawYNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730626730-6262

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