In the Australian constitutional order public power is exercised predominantly through the administrative apparatus of the executive branch of government. By building an enormous institutional network for rule-making, decision-making and implementation of policy, the Australian state has sought to meet the demands of its people for security, prosperity and welfare. Despite its centrality, however, the executive branch is elusive. Its forms and modalities are diverse, fluid and, sometimes, opaque.
Administrative law – that is, the body of law that constitutes and regulates administrative power – can contribute to the ‘rule of law’ ideal by requiring that the forms and modes of administrative power that underpin the ‘administrative state’ be legally authorised and subject to appropriate legal forms of accountability. Given the changing institutional forms and modes through which the administrative state operates it is unsurprising that the development of administrative law in Australia continues to generate fascinating practical, doctrinal, institutional, and theoretical challenges.
In thinking about these challenges, it is important to comprehend both (1) the values underpinning administrative law (including the rule of law ideal) and (2) the practical necessity of an administrative apparatus and state capacity for the implementation of policies developed through electoral processes.
This course will illuminate and interrogate Australian Administrative law’s continuing attempts to realise its ambitions and, thereby, generate a deeper understanding of the law and the contemporary challenges it faces.
The syllabus of the course may be organised by reference to a particular theme or through a selection of topics of practical and scholarly significance. Where appropriate reference may be made to other disciplines (eg, history, legal and political theory, and empirical social sciences).
To develop their knowledge and skills, students will engage in a range of learning activities, including interactive seminars which give students the opportunity to develop their oral communication skills. The course is also designed to advance and develop research and writing skills.
This course meets the requirements for the LLB(Hons) Research Capstone.
Learning Outcomes
Upon successful completion, students will have the knowledge and skills to:
- Research and apply relevant theoretical concepts to administrative law through the analysis of current issues.
- Distinguish and appraise the relationship between theoretical issues and practical examples in administrative law.
- Critically examine, in written and oral form, the administrative law norms and institutions covered during the course.
- Investigate and interpret the administrative policy issues arising from the topics covered.
- Analyse and propose solutions to legal problems involving administrative law.
Other Information
N/A
Indicative Assessment
- The proposed means of assessment for this course will provide students with at least two pieces of assessment, including one piece during the teaching period. 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 Canvas page. (100) [LO 1,2,3,4,5]
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Workload
- Classes offered in non-standard sessions will be taught on an intensive base with compulsory contact hours (approximately 36 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. Students are generally expected to devote at least 10 hours overall per week to this course. 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.
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Requisite and Incompatibility
Prescribed Texts
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 finalised.
Preliminary Reading
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.
Background reading: M Aronson, M Groves and G Weeks, Judicial Review of Administrative Action and Government Liability (7th ed, Thomson Reuters, 2022).
Assumed Knowledge
Knowledge of the material covered in the compulsory Administrative Law subject is assumed.
Fees
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:
- 34
- 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.
Where there is a unit range displayed for this course, not all unit options below may be available.
| Units | EFTSL |
|---|---|
| 6.00 | 0.12500 |
Offerings, Dates and Class Summary Links
ANU utilises MyTimetable to enable students to view the timetable for their enrolled courses, browse, then self-allocate to small teaching activities / tutorials so they can better plan their time. Find out more on the Timetable webpage.