The aim of this unit is to examine the role of independent merits review bodies such as Administrative Appeals tribunal and its state equivalents, Ombudsman and Freedom of Information legislation, together with the role of the courts in supervising and adjudicating legality of administrative action.
Topics examined in this unit include:
- Theoretical and historical perspectives on administrative law, AAT, Ombudsman and FOI
- The scope of judicial review (the bodies which are subject to the principles of judicial review
- The actions of these bodies which are amendable to judicial review (who can seek judicial review)
- Grounds for judicial review (including natural justice and legitimate expectations, ultra vires, and jurisdictional error)
- Statutory restrictions on judicial review, delegated legislation and ultra vires, remedies for improper administrative action.
This unit will also include comparative transnational and/or international element, where appropriate.
PRESCRIBED TEXT - CONTROL OF GOVERNMENT ACTION: TEXT, CASES & COMMENTARY
RECOMMENDED TEXT - ADMINISTRATIVE LAW: CONTEXTS AND CRITIQUES
ALL OTHER ITEMS ARE non-compulsory