Administrative law is one of the most political and controversial areas of law. It regulates the basic rights of individuals, the public and businesses against the government by ensuring that those individuals and bodies exercising administrative power do so within the law. As a result, administrative law impacts on Australians wherever and whenever their lives are touched by government – in more everyday and local matters such as paying tax, claiming social security or appealing a council planning decision and in those rarer cases of the most personal, national and political importance.Despite its clear interest and importance, administrative law is often approached with foreboding. Full of technicalities and arcane distinctions, administrative law is seen as one of the most dense and difficult areas of law to understand.
Summary Table of Contents
Introduction: What is Administrative Law?,
How to Approach Administrative Law,
The Constitutional and Legal Framework,
Where to Begin? Non-Judicial Review of Administrative Action,
Other Avenues of Review: The Ombudsmen,
Freedom of Information and the Right to Reasons,
Delegated Legislation and Statutory Interpretation,
Introduction to Judicial Review: Jurisdiction,
Justiciability and Standing,
“Simple” Ultra Vires: Decisions Made Beyond Power,
“Extended” Ultra Vires: Abuse of Power,
“Extended” Ultra Vires: Refusal to Exercise a Discretion,
Procedural Fairness (Natural Justice),
The Content of the Hearing Rule,
The Bias Rule,
Reasons and Probative Evidence,
Substantive Fairness? Estoppel: Undertakings Regarding the Future Exercise of Power,
Status of Unlawful Decisions and Ouster Clauses,
The Final Hurdle! Judicial Remedies and the ADJR Act,
An Overview,
Case Study 1: A Simple Case of Review of Cancellation of Pensions,
Case Study 2: The Removal of the Kosovar Refugees,
Table of Cases / Table of Statutes / Index
Administrative Law, Second Edition: Context and Critique
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