| Subject Overview: |
Objectives:
A student who has successfully completed this subject should:
- Understand the principles of judicial review of executive action at both the state and federal levels of government in Australia
- Be aware of the limits on the powers of the courts to engage in judicial review of executive action, and the constitutional protection of such review
- Understand the ways in which executive action can be checked and reviewed by non-judicial mechanisms
- Be aware of current controversies in the area of administrative law, including different points of view about the values of administrative law and its impact on administrative decision making.
Syllabus:
Principal topics will include:
- Introduction to administrative law
- The scope of judicial review (under the constitutional, statutory and common law jurisdictions)
- Differences between commonwealth and state administrative law regimes, with a focus on Victoria
- Statutory techniques for restricting judicial review (including privative clauses)
- The Ombudsman
- Current controversies.
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| Assessment: |
- Take-home examination (100%) (15–18 January 2010)
or
- Research paper 10,000 words (100%) (22 February 2010) (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: | 730-832Current Issues in Administrative LawMelbourne Law Masters, postgraduate law, post-graduate law, graduate law2009P Objectives:
A student who has successfully completed this subject should:
- Understand the principles of judicial review of executive action at both the state and federal levels of government in Australia
- Be aware of the limits on the powers of the courts to engage in judicial review of executive action, and the constitutional protection of such review
- Understand the ways in which executive action can be checked and reviewed by non-judicial mechanisms
- Be aware of current controversies in the area of administrative law, including different points of view about the values of administrative law and its impact on administrative decision making.
Syllabus:
Principal topics will include:
- Introduction to administrative law
- The scope of judicial review (under the constitutional, statutory and common law jurisdictions)
- Differences between commonwealth and state administrative law regimes, with a focus on Victoria
- Statutory techniques for restricting judicial review (including privative clauses)
- The Ombudsman
- Current controversies.
- Take-home examination (100%) (15–18 January 2010)
or
- Research paper 10,000 words (100%) (22 February 2010) (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.Mr Leighton McdonaldLawLawNNNNParkvillePARKVILLEFor the latest information on this subject, please visit: http://www.masters.law.unimelb.edu.au/subject/730832730-8322November |