- Code LAWS6201
- Unit Value 6 units
Building on Australian Public Law, this course aims to deepen student understanding of key aspects of the Australian administrative justice system. Administrative law concerns the legal rules and institutions which seek to keep the ‘governors’ in society (principally, decision-makers in the executive arm of government) accountable. It encompasses both judicial and non-judicial modes of accountability (eg administrative tribunals, the ombudsman, and legislation providing for access to information and limiting the purposes for which government can use information). Administrative law can be conceptualised as the legal regulation of the exercise of public (as opposed to ‘private’) power. More specifically, this course will consider:
- Different ways to think about the reach of administrative law in the context of the changing nature of contemporary governance;
- The function and scope of judicial review of administrative action, with particular attention to the constitutional, statutory and common law sources of judicial review jurisdiction.
- Many of the important legal principles associated with the availability of judicial review remedies, the grounds on which administrative decisions may be judicially reviewed, and ‘standing’ to bring judicial review actions;
- Statutory attempts by Parliaments to restrict judicial review and the extent to which judicial review is constitutionally entrenched;
- The concept of merit review, with particular attention to the Administrative Appeals Tribunal;
- The role played by non-adjudicative accountability mechanism with particular attention to the operation of public sector Ombudsman and Freedom of Information legislation;
- The role played by administrative law in the context of important constitutional principles such as the separation of powers and the rule of law;
- The historical and social context in which Australian administrative law has developed.
This course meets the requirements of the Law Admissions Consultative Committee Prescribed Academic Areas of Knowledge for Administrative Law.
Upon successful completion, students will have the knowledge and skills to:
- Critically evaluate the principles and values of administrative law and the roles played by the institutions of administrative law in the administrative justice system.
- Critically reflect on contemporary developments in administrative law and its social and ethical impact on society in order to propose legal, policy, and practical reforms which reflect a diverse range of perspectives.
- Research, interpret and apply a range of legal sources and complex statutory material to solve administrative law problems.
- Select and apply a range of approaches to communication, and apply the professional judgment required to design and justify solutions to complex administrative law problems.
- Reflect critically on judicial reasoning in administrative law cases, the values underpinning administrative law, and the impact of the law on administrative decision-making.
- The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the semester. More information about the means of assessment, including the relationship between the assessment and the learning outcomes of the course, will be available in the Class Summary and on the course WATTLE page. (null) [LO null]
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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 three contact hours per week.
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Requisite and Incompatibility
Students must rely on the approved Class Summary which will be posted to the Programs and Courses site approximately two weeks prior to the commencement of the course. Alternatively, this information will be published in the Program course list when known.
Tuition fees are for the academic year indicated at the top of the page.
Commonwealth Support (CSP) Students
If you 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). More information about your student contribution amount for each course at Fees.
- Student Contribution Band:
- Unit value:
- 6 units
If you are a domestic graduate coursework student with a Domestic Tuition Fee (DTF) place or international student you will be required to pay course tuition fees (see below). Course tuition fees are indexed annually. Further information for domestic and international students about tuition and other fees can be found at Fees.
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Offerings, Dates and Class Summary Links
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Class summaries, if available, can be accessed by clicking on the View link for the relevant class number.