Course overview
This course focuses on the administrative review of government decisions by courts and tribunals at both the federal and state level. Particular emphasis will be placed on the judicial review of statutory powers pursuant to judicial review legislation and in accordance with common law principles. The course content will include: Principles and theories of administrative law, highlighting accountability, transparency, legality, the rule of law, separation of powers, and constitutionalism; Public power and administration - statutory, prerogative and common law powers; The role of policy and discretion in administrative decision-making; Mechanisms for the review of administrative decision-making, with an emphasis on merits review and judicial review; Grounds of judicial review and remedies; The importance of constitutional review under s 75(v) in the development of administrative law principles.
Course learning outcomes
- Apply the principles which inform the review of administrative decision-making in Australian law, particularly the principles of transparency, accountability and legality.
- Analyze the legal frameworks surrounding the judicial and administrative review of government decisions at the federal and State level.
- Apply knowledge of the legal framework to solve complex problems in administrative law.