Handbook : Unit informationEdith Cowan University

School: Business and Law

This unit information may be updated and amended immediately prior to semester. To ensure you have the correct outline, please check it again at the beginning of semester.

• Unit Title

  Administrative Law

• Unit Code

  LAW2350

• Year

  2016

• Enrolment Period

  1

• Version

  2

• Credit Points

  15

• Full Year Unit

  N

• Mode of Delivery

  On Campus
  Online

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Description

Administrative law explores the accountability of the executive branch of government and those exercising statutory decision making powers and provides citizens with review mechanisms. This unit further develops students' understanding of the legal framework within which government and the administration function with particular reference to the doctrine of the sovereignty of parliament, the rule of law, locus standi, delegated legislation and freedom of information legislation. A range of remedies to redress citizen grievances are examined, including merit review, an introduction to judicial review, ombudsmen and tribunals.

Prerequisite Rule

Students must pass 2 units (LAW1116, LAW1600)

Equivalent Rule

Unit was previously coded LAW2313

Learning Outcomes

On completion of this unit students should be able to:

1. Apply a working knowledge of the practices, procedures, principles and remedies of merit review and judicial review with reference to the relevant statute, by critically analysing the review mechanisms with reference to statutes and case law.
2. Demonstrate a basic understanding of the relationship between the law and administration as a complex and dynamic process, by examining the core principles of administrative law and its values and applying the law to theoretical administrative law problems.
3. Demonstrate a sound appreciation of the methods within government by which citizens' grievances concerning administrative decisions may be addressed, by constructing and substantiating persuasive legal arguments both in writing and discussions on the remedies available to the citizen.
4. Explain the principles of delegated legislation, the freedom of information legislation and describe the powers of the Ombudsman and Tribunals.
5. Take account of the theoretical as well as the social and political context in which administrative law is situated and reflect upon their importance.
6. Understand the importance of non-legal sources and of political considerations in the study of the subject.

Unit Content

1. Access to information and freedom of information legislation.
2. Core values of administrative law: traditional and current views of parliamentary sovereignty and the rule of law, separation of powers, interplay between parliament, government and the courts.
3. Grounds for judicial review.
4. Judicial review: the common law, the Administrative Decisions Judicial Review Act (ADJR) 1977.
5. Merits review and the powers of the Administrative Appeals Tribunal (AAT).
6. Remedies.
7. The "new administrative law" measures.

Additional Learning Experience Information

On-campus students attend a weekly three hour lecture and a one hour tutorial. In addition, there are three, one-hour workshops spread over the semester. Off-campus students access the information via Blackboard. Regular online access is required.

Assessment

GS1 GRADING SCHEMA 1 Used for standard coursework units

Students please note: The marks and grades received by students on assessments may be subject to further moderation. All marks and grades are to be considered provisional until endorsed by the relevant Board of Examiners.

Text References

• ^ Head, M., (2012). Administrative law context and critique. Annandale, New South Wales: Federation Press.

^ Mandatory reference

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