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  2. Administrative Law [LAW2350]

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

    2019

  • Enrolment Period

    1

  • Version

    3

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

  • Unit Coordinator

    Mr Toby Matthew NISBET

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. Explain the importance of non-legal sources and of political considerations in the study of the subject.
  2. Analyse the social and political values that impact on Administrative Law and its evolution.
  3. Explain the principles of delegated legislation, the freedom of information legislation and describe the powers of the Ombudsman and Tribunals.
  4. Analyse the core principles of Administrative Law and its values.
  5. Analyse and apply the law of merits review, judicial review, and remedies to hypothetical fact scenarios to arrive at a balanced and supported conclusion.
  6. Construct and substantiate persuasive legal arguments both in writing and discussions on the remedies available to the citizen demonstrating a sound appreciation of the methods within Government by which citizens' grievances concerning administrative decisions may be addressed.

Unit Content

  1. Judicial oversight of administrative actions and the core values of flexibility, predictability, and fairness.
  2. Grounds for judicial review.
  3. Judicial review: the common law, the Administrative Decisions Judicial Review Act (ADJR) 1977.
  4. Merits review and the powers of the Administrative Appeals Tribunal (AAT).
  5. Access to information and freedom of information legislation.
  6. The "new administrative law" measures.
  7. 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.
  8. Remedies.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU Blackboard.

JoondalupMount LawleySouth West (Bunbury)
Semester 113 x 3 hour lectureNot OfferedNot Offered
Semester 113 x 1 hour tutorialNot OfferedNot Offered
Semester 113 x 2 hour workshopNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences through ECU Blackboard as well as additional ECU learning technologies.

Additional Learning Experience Information

On-campus students attend a weekly lecture and a 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. There will usually be significant guest lecturers, drawn from entities that assist in enforcing the doctrine of responsible government. Tutorials and workshops are interactive. Students will be guided through the resolution of administrative law issues that arise in hypothetical scenarios.

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.

ON CAMPUS
TypeDescriptionValue
AssignmentMajor Assignment20%
ParticipationWorkshops and class participation20%
ExaminationFinal examination60%
ONLINE
TypeDescriptionValue
AssignmentMajor Assignment20%
ParticipationWorkshops and online discussion forum participation20%
ExaminationFinal examination60%

Core Reading(s)

  • Head, M. (2012). Administrative law: context and critique. Leichhardt, NSW: Federation Press. Retrieved from https://ecu.on.worldcat.org/oclc/793599701?databaseList=638

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW2350|3|1

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

    2019

  • Enrolment Period

    2

  • Version

    3

  • Credit Points

    15

  • Full Year Unit

     N

  • Mode of Delivery

    On Campus
    Online

  • Unit Coordinator

    Mr Toby Matthew NISBET

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. Explain the importance of non-legal sources and of political considerations in the study of the subject.
  2. Analyse the social and political values that impact on Administrative Law and its evolution.
  3. Explain the principles of delegated legislation, the freedom of information legislation and describe the powers of the Ombudsman and Tribunals.
  4. Analyse the core principles of Administrative Law and its values.
  5. Analyse and apply the law of merits review, judicial review, and remedies to hypothetical fact scenarios to arrive at a balanced and supported conclusion.
  6. Construct and substantiate persuasive legal arguments both in writing and discussions on the remedies available to the citizen demonstrating a sound appreciation of the methods within Government by which citizens' grievances concerning administrative decisions may be addressed.

Unit Content

  1. Judicial oversight of administrative actions and the core values of flexibility, predictability, and fairness.
  2. Grounds for judicial review.
  3. Judicial review: the common law, the Administrative Decisions Judicial Review Act (ADJR) 1977.
  4. Merits review and the powers of the Administrative Appeals Tribunal (AAT).
  5. Access to information and freedom of information legislation.
  6. The "new administrative law" measures.
  7. 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.
  8. Remedies.

Learning Experience

ON-CAMPUS

Students will attend on campus classes as well as engage in learning activities through ECU Blackboard.

JoondalupMount LawleySouth West (Bunbury)
Semester 113 x 3 hour lectureNot OfferedNot Offered
Semester 113 x 1 hour tutorialNot OfferedNot Offered
Semester 113 x 2 hour workshopNot OfferedNot Offered

For more information see the Semester Timetable

ONLINE

Students will engage in learning experiences through ECU Blackboard as well as additional ECU learning technologies.

Additional Learning Experience Information

On-campus students attend a weekly lecture and a 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. There will usually be significant guest lecturers, drawn from entities that assist in enforcing the doctrine of responsible government. Tutorials and workshops are interactive. Students will be guided through the resolution of administrative law issues that arise in hypothetical scenarios.

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.

ON CAMPUS
TypeDescriptionValue
AssignmentMajor Assignment20%
ParticipationWorkshops and class participation20%
ExaminationFinal examination60%
ONLINE
TypeDescriptionValue
AssignmentMajor Assignment20%
ParticipationWorkshops and online discussion forum participation20%
ExaminationFinal examination60%

Core Reading(s)

  • Head, M. (2012). Administrative law: context and critique. Leichhardt, NSW: Federation Press. Retrieved from https://ecu.on.worldcat.org/oclc/793599701?databaseList=638

Disability Standards for Education (Commonwealth 2005)

For the purposes of considering a request for Reasonable Adjustments under the Disability Standards for Education (Commonwealth 2005), inherent requirements for this subject are articulated in the Unit Description, Learning Outcomes and Assessment Requirements of this entry. The University is dedicated to provide support to those with special requirements. Further details on the support for students with disabilities or medical conditions can be found at the Access and Inclusion website.

Academic Misconduct

Edith Cowan University has firm rules governing academic misconduct and there are substantial penalties that can be applied to students who are found in breach of these rules. Academic misconduct includes, but is not limited to:

  • plagiarism;
  • unauthorised collaboration;
  • cheating in examinations;
  • theft of other students' work;

Additionally, any material submitted for assessment purposes must be work that has not been submitted previously, by any person, for any other unit at ECU or elsewhere.

The ECU rules and policies governing all academic activities, including misconduct, can be accessed through the ECU website.

LAW2350|3|2