Current Issues in Administrative Law

Subject LAWS70201 (2010)

Note: This is an archived Handbook entry from 2010.

Credit Points: 12.50
Level: 7 (Graduate/Postgraduate)
Dates & Locations:

This subject has the following teaching availabilities in 2010:

November, Parkville - Taught on campus.
Pre-teaching Period Start not applicable
Teaching Period not applicable
Assessment Period End not applicable
Last date to Self-Enrol not applicable
Census Date not applicable
Last date to Withdraw without fail not applicable


Timetable can be viewed here. For information about these dates, click here.
Time Commitment: Contact Hours: The total class time is between 24 and 26 hours.
Total Time Commitment: Visit the Melbourne Law Masters website for more information about this subject.
Prerequisites: Visit the Melbourne Law Masters website for more information about this subject.
Corequisites: Visit the Melbourne Law Masters website for more information about this subject.
Recommended Background Knowledge: Visit the Melbourne Law Masters website for more information about this subject.
Non Allowed Subjects: Visit the Melbourne Law Masters website for more information about this subject.
Core Participation Requirements: Visit the Melbourne Law Masters website for more information about this subject.

Coordinator

Mr Leighton Mcdonald

Contact

For the most up-to-date information about this subject, contact the Melbourne Law Masters Office by email at law-masters@unimelb.edu.au or phone 8344 6190 or alternatively visit the subject website: www.masters.law.unimelb.edu.au
Subject Overview:

Principal topics will include:

  • Introduction to administrative law
  • The scope of judicial review, with a focus on the public private distinction (under the constitutional, statutory and common law jurisdictions)
  • The related ideas of jurisdictional error and invalidity and their legal consequences
  • Principles of judicial review
  • Differences between commonwealth and state administrative law regimes, with a focus on Victoria
  • Statutory techniques for restricting judicial review (including privative clauses)
  • Non-judicial accountability mechanisms such as tribunals, and the ombudsman
  • Current controversies.
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.
Assessment:

Class participation (10%)
Take-home examination (90%) (21-24 January 2011)
or
9,000 word research paper (90%) (21 February 2011) on a topic approved by the subject coordinator
Prescribed Texts: Visit the subject website for more information
Breadth Options:

This subject is not available as a breadth subject.
Fees Information: Subject EFTSL, Level, Discipline & Census Date
Generic Skills: Visit the Melbourne Law Masters website for more information about this subject.
Links to further information: http://www.masters.law.unimelb.edu.au/

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