Details for LAW305 Administrative Law

Government power needs accountability. Administrative Law shows how Australian law keeps the executive in check through merits review, judicial review, ombudsmen, freedom of information and other safeguards. You’ll distinguish review pathways, examine procedural fairness and ultra vires, and identify remedies that protect individual rights against abuses of power. You’ll finish ready to resolve complex administrative problems with ethical, rights-aware reasoning.

Quick Stats

• Currently offered by Alphacrucis: Yes
• Course code: LAW305
• Credit points: 10

Subject Coordinator

Prerequisite

LAW108 Equity; LAW205 Torts 

Unit Content

Outcomes

1. Clarify the role of Administrative Law in maintaining the accountability of government.
2. Explain and critically evaluate how Australian Parliaments use administrative law to give effect to executive power.
3. Distinguish merits review from judicial review.
4. Analyse and synthesise information to reflect the means by which administrative decisions may be reviewed.
5. Critically appraise the practical legal protection of individual rights in Australia and identify legal remedies to potential abuses of power.
6. Creatively resolve complex problems concerning procedural fairness and ultra vires power through the application of administrative law and analysis and ethical decision making.

Subject Content

1. Introduction to Administrative Law
2. Tribunals and Merits Review – Part 1
3. Tribunals and Merits Review – Part 2
4. The Scope of Judicial Review of Administrative Action
5. Judicial Review Remedies
6. The Grounds of Judicial Review
7. Access to Judicial Review
8. Restricting Judicial Review
9. Beyond Courts and Tribunals: Internal Processes, Ombudsmen, Parliaments, Human Rights Agencies
10. Beyond Courts and Tribunals: Freedom of Information
11. Private Law in a Public Context: Contract and Tort
12. ‘Government under the Law’: Values and Effects of Administrative Law
13. Examination Week

This course may be offered in the following formats

Face to Face on site

Please check the timetable to see when this subject will next be offered at Alphacrucis University College.

Assessment Methods

1. Research Essay (20%)
2. Oral Presentation (30%)
3. Final Examination  (50%)

Prescribed Text

• Peter Cane et al, Cases for Principles of Administrative Law (Oxford University Press, 3rd ed, 2018)  
• Melbourne University Law Review Association, Australian Guide to Legal Citation (Melbourne University Law Review Association, 4th ed, 2018) 

Check with your instructor before purchasing any textbooks