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
12. The Impact of Judicial Review
Upon successful completion, students will have the knowledge and skills to:By the conclusion of this course, it is intended that students who have successfully completed all the course requirements will be able to:
- Identify, explain and distinguish the major principles relating to judicial review of administrative action;
- Research, identify and critically examine recent cases to identify trends in judicial review;
- Research, critically evaluate and apply the functional impact of court review on government administrative decision-making
- Demonstrate, at masters level, the ability to plan and execute a research project applying legal research principles and methodologies through critical, detailed analysis.
Other InformationThis 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 AssessmentAssessment for this course will likely consist of:
- Class Participation (10%)
- Research Essay (90%, 7000 words)
Workload26 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
Prescribed TextsThere is no prescribed text for this course.
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 KnowledgeStudents without an Australian law degree must have completed LAWS8587 Legal Framework of Regulation
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:
- Unit value:
- 6 units
Offerings, Dates and Class Summary Links
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.
|Class number||Class start date||Last day to enrol||Census date||Class end date||Mode Of Delivery||Class Summary|
|9582||25 Oct 2018||25 Oct 2018||09 Nov 2018||11 Jan 2019||In Person||N/A|