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:
- 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.
- Class Participation (10) [LO 1,2,3,4]
- Research Essay (7000 words) (90) [LO 1,2,3,4]
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Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 26 hours of face to face teaching). The course will also require advanced preparation through assigned readings. In total, it is anticipated that the hours required for completion of this course (class preparation, teaching and completion of assessment) will not exceed 120 hours. Classes offered during semester periods are expected to have 3 contact hours per week.
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 Class Summary which will be posted to the Programs and Courses site approximately 2 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
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.
Offerings, Dates and Class Summary Links
Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.