• Offered by Law School
  • ANU College ANU College of Law
  • Classification Advanced
    Specialist
  • Course subject Laws
  • Areas of interest Law
  • Academic career Postgraduate
  • Course convener
    • Mr Leighton McDonald
  • Mode of delivery In Person
  • Offered in Spring Session 2016
    See Future Offerings

Administrative law is about the legal rules and institutions aimed at keeping the 'governors' (principally, decision-makers in the executive arm of government) 'accountable'. For this reason administrative law is at the coal-face of the legal relationship between the governors and the governed.
Judicial review is an important aspect of administrative law which focuses on the relationship between the courts and the executive arm of government. This course will cover the most of the significant legal principles that arise in judicial review applications, though it will not be possible to cover the law in a comprehensive way. An important goal is to identify and consider important current trends and problems in the law of judicial review.
Topics to be covered include:
1.    The Scope of Judicial review (ie judicial review jurisdiction)
2.     Judicial review remedies
3.     The legality/merits distinction and jurisdiction error
4.     Jurisdictional facts and rationality review
5.     Excluding procedural fairness obligations
6.     The content of procedural fairness (and national security)
7.     Relevant considerations
8.     Unreasonableness and Reasons
9.     Judicial review of rule-making
10.     Statutory Attempts to Restrict Judicial Review
11.     Standing
12.    The Impact of Judicial Review

 

Learning Outcomes

By the conclusion of this course, it is intended that students who have successfully completed all the course requirements will be able to:
  1. Identify, explain and distinguish the major principles relating to judicial review of administrative action;
  2. Research, identify and critically examine recent cases to identify trends in judicial review;
  3. Research, critically evaluate and apply the functional impact of court review on government administrative decision-making
  4. Demonstrate, at masters level, the ability to plan and execute a research project applying legal research principles and methodologies through critical, detailed analysis.

Other Information

This is an intensive course with a 4 day compulsory intensive (see LLM timetable for dates).

Approximately 6 weeks from the completion of the intensive your final assessment will be due. Contact with fellow students and the convenor, both prior to the intensive and after, is conducted via the Wattle course site.

Indicative Assessment

Assessment for this course will likely consist of:
  1. Class Participation (10%)
  2. Research Essay (90%, 7000 words)
Students must rely on the approved Course Study Guide which will be posted to the Wattle course site approximately 4 weeks prior to the commencement of the course.

The ANU uses Turnitin to enhance student citation and referencing techniques, and to assess assignment submissions as a component of the University's approach to managing Academic Integrity. While the use of Turnitin is not mandatory, the ANU highly recommends Turnitin is used by both teaching staff and students. For additional information regarding Turnitin please visit the ANU Online website.

Workload

26 hours of face to face teaching (4 day intensive). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion this course (class preparation, teaching and completion of assessment) will not exceed 120 hours.
 
Click here for the LLM Masters Program timetable

Requisite and Incompatibility

To enrol in this course you must be studying a: Master of Laws (7300XLLM, MLLM), Master of Laws specialising in International Law (7300XSINTL), Master of Laws specialising in Law, Governance and Development (7300SLGD), Master of Laws specialising in Environmental Law (7300SENVL), Master of Laws specialising in Government and Commercial Law (7300SGCL), Master of Laws specialising in International Security Law (7300SISL), Master of Laws in Migration (NLLML), Master of Laws in International Law (NLLIL), Master of Laws in Environmental Law (NLLEN), Master of Laws in Law, Governance & Development (NLLGD), Master of Laws in International Security Law (NLLSL), Master of Laws in Government and Regulation (NLLGR), Master of Laws (Legal Practice) (7312XLLMLP), Master of Diplomacy/Master of Laws (7883SINTL, 7883XLLM), Master of Legal Practice (MLEGP). OR Must be studying a: Master of Diplomacy/Master of International Law (7893MDIPL, 7893XMINTL), Master of International Law (7310XMINTL), Master of Environmental Law (7309XMENVL), Master of Law, Governance & Development (7317XMLGD), Master of International Security Law (7318XMISL), Master of Government and Commercial Law (7313XMGCL), Master of Legal Studies (7305XMLEGS), and completed LAWS8015 Fundamentals of Government and Commercial Law or LAWS8587 Legal Framework of Regulation. OR Must be studying a Juris Doctor (7330XJD, 7330HJD or MJD) and have completed or be completing five LAWS1000 level courses or five LAWS6100 level courses. OR Must be studying a Graduate Certificate of Law (CLAW) and have completed or are completing LAWS8586 Law and Legal Institutions and LAWS8587 Legal Framework of Regulation. OR Must be studying a Master of Military Law (MMILL) OR Must be studying a Juris Doctor (MJDOL) and have completed the course LAWS8712 Australian Public Law & International Law B

Prescribed Texts

There is no prescribed text for this course.

Indicative Reading List

Students must rely on the approved Course Study Guide which will be posted to the Wattle course site approximately 4 weeks prior to the commencement of the course.

An e-brick will be available on the Wattle course site.

Assumed Knowledge

Students without an Australian law degree must have completed LAWS8587 Legal Framework of Regulation

Fees

Tuition fees are for the academic year indicated at the top of the page.  

If you are a domestic graduate coursework or international student you will be required to pay tuition fees. Tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.

Student Contribution Band:
Band 3
Unit value:
6 units

If you are an undergraduate student and have been offered a Commonwealth supported place, your fees are set by the Australian Government for each course. At ANU 1 EFTSL is 48 units (normally 8 x 6-unit courses). You can find your student contribution amount for each course at Fees.  Where there is a unit range displayed for this course, not all unit options below may be available.

Units EFTSL
6.00 0.12500
Domestic fee paying students
Year Fee
2016 $3252
International fee paying students
Year Fee
2016 $4638
Note: Please note that fee information is for current year only.

Offerings and Dates

The list of offerings for future years is indicative only

Spring Session

Class number Class start date Last day to enrol Census date Class end date Mode Of Delivery
9663 02 Nov 2016 02 Nov 2016 18 Nov 2016 13 Jan 2017 In Person

Responsible Officer: Registrar, Student Administration / Page Contact: Website Administrator / Frequently Asked Questions