LAWS6011 - Administrative Law

Objectives

  • Develop a critical perspective upon the accountability of government decision-makers.
  • Explore the accountability of the executive branch of government.
  • Analyse theories of open government, with reference to statutory duties to give reasons for decisions and freedom of information legislation.
  • Examine the role of tribunals in the legal system, including reference to merits review tribunals and investigative bodies.
  • Analyse theories of participatory democracy and citizenship, with reference to principles of procedural fairness, rules of standing and consultation requirements for making delegated law making.
  • Examine the proper scope of administrative law by discussion of its extension to corporatised government business enterprises and government functions contracted out to the private sector.

Content

The concept of administrative discretion; theories of the rule of law; the value of separation of powers; structuring of discretion by reference to human rights; ethics and managerialism; theories of legitimacy of judicial review; values underlying principle of administrative law.

Session

Semester 1 Intensive
19-20 March & 16-17 April 2010

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

Please note: this unit is compulsory for Master of Administrative Law & Policy (MALP) candidates.

Assessment

  • 1 x 7,500 Word Essay (100%) or 2 x 3,750 Word Essays (50% each)

Courses this unit is available in

Master of Laws | Graduate Diploma in Law | Master of Global Law |Master of Administrative Law and Policy | Master of Environmental Law | Graduate Diploma in Environmental Law | Master of Environmental Science and Law