Note: This is an archived Handbook entry from 2009. Search for this in the current handbook
|Dates & Locations:|| |
This subject has the following teaching availabilities in 2009:Seminars
For information about these dates, click here.
|Time Commitment:||Contact Hours: Two 2-hour seminars per week |
Total Time Commitment: 144 hours
Legal Method and Reasoning; Principles of Public Law; Constitutional Law or equivalent subjects.
|Recommended Background Knowledge:||None|
|Non Allowed Subjects:||None|
|Core Participation Requirements:||
For the purposes of considering request for Reasonable Adjustments under the Disability Standards for Education (Cwth 2005), and Student Support and Engagement Policy, academic requirements for this subject are articulated in the Subject Overview, Learning Outcomes, Assessment and Generic Skills sections of this entry.
It is University policy to take all reasonable steps to minimise the impact of disability upon academic study, and reasonable adjustments will be made to enhance a student's participation in the University's programs. Students who feel their disability may impact on meeting the requirements of this subject are encouraged to discuss this matter with a Faculty Student Adviser and Student Equity and Disability Support: http://services.unimelb.edu.au/disability
Administrative law regulates the relationship between the state and its people, in other words, the relationship between the government and the governed. In particular, it regulates the powers and procedures of the executive branch of government and establishes the mechanisms for ensuring legality, transparency and accountability in executive decision-making. This subject completes the core curriculum’s examination of the legal framework of government in Australia. Topics include:
- Development of executive government and administrative law
- Identifying and interpreting sources of executive power: constitutions, prerogative, common law, statute, guidelines, policies
- Scope of executive power, including the federal division of power
- Types of executive power, including the concept of discretion
- The functions of administrative law in regulating executive power
Accountability for the exercise of executive power:
- Making and scrutiny of delegated legislation
- Access to information
- Reasons for administrative decisions
- Non-adjudicative review: Parliament, the Ombudsman and others
- Tribunals and merits review
Judicial review of administrative decisions:
-Avenues of judicial review
- Judicial review procedure
- Standing and accessibility
- Jurisdictional error
- Judicial review grounds
- Remedies and the effect of flawed decisions
- Excluding / limiting judicial review
- Administrative law in an era of privatisation and outsourcing
On completion of this subject, students should:
have developed an understanding of:
- the structure and operation of executive government in Australia
- the fundamental principles of effective governance and accountability for the exercise of government power
- some theoretical perspectives on administrative law, including the relationship between administrative law and governance and the foundations of judicial review
- the structure and operation of the Australian administrative law systems, including their constitutional, statutory and common law bases; their institutions; their principles and their remedies
- the difference between judicial review and merits review and the kinds of arguments that may be made in each context
- the main aspects of practice and procedure in administrative law
be able to draw on this understanding to:
- to find, state and apply the rules and principles of administrative law
- describe and critically analyse the fundamental principles of administrative law
- identify relevant administrative law cases and statutes, and state and critically analyse the legal principles that emerge from them
- critically analyse the relationship between these legal principles and the fundamental principles of administrative law
- apply these legal principles to new fact situations to construct arguments about
- develop arguments about which legal principles should be applied when the relevant provisions or decisions are unclear or in conflict
present these descriptions, analyses and applications of principles in the form of written arguments that are appropriately structured, developed, supported and referenced
prepare appropriately structured, developed, supported and referenced documents (such as pleadings and submissions) used in administrative law proceedings in courts and tribunals
(1) Online skills exercise. Hurdle requirement. The due dates of the components are set out in the Reading Guide.
(2) Seminar Attendance & Participation. Hurdle requirement. The date will depend on the seminar topic allocated.
(3) Seminar Written Response (Word limit 1,000 Words). Worth 20% of the final mark in the subject. The due date will depend on the seminar topic allocated.
(4) Written examination. Open book. Duration: 30 minutes reading time and 2 hours writing time. Worth 80% of the final mark in the subject.
Other materials that students may access online
|Breadth Options:|| |
This subject is not available as a breadth subject.
|Fees Information:||Subject EFTSL, Level, Discipline & Census Date|
On completion of the subject, students should have developed the following generic skills:
In addition, on completion of the subject, students should have developed the following skills specific to the discipline of law:
- case reading and analysis, including an ability to:
- statutory reading, interpretation and analysis, including an ability to:
- legal analysis and problem-solving, including an ability to:
- legal research skills, including an ability to:
- legal writing skills, including an ability to:
- oral communication skills in participating in classroom problem solving and discussion
- an ability to work in groups to solve problems and critically analyse legal materials in a classroom setting
- have enhanced general cognitive skills in relation to reading and comprehending legal materials; logical analysis and reasoning; legal research and writing; application of legal principles to factual situations; identifying relevant factual information; identifying and considering options to resolve legal problems; drawing on the knowledge of other disciplines to understand and resolve legal issues.
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