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LAWS3386 Administrative Law II

The availability of units in Semester 1, 2, etc. was correct at the time of going to press but may be subject to change.
 
Credit6 points  AvailabilitySemester 2 Old unit code: 200.386
 
OutcomesStudents are able to (1) understand the respective roles of the major institutions of Australian administrative law; (2) identify, understand and explain in general terms the alternative systems of judicial review operating in the Australian jurisdictions, the principles governing access to reasons for decisions and freedom of information in Australia, the remedies available under judicial review regimes, the rules of ‘standing’ for bringing proceedings of judicial review or merits review, the principles of merits review and their operation under the federal AAT and Western Australian SAT regimes, and the principles of ombudsman review; (3) apply the law learned in a variety of factual scenarios—in the process analysing the interrelationships and limitations of particular principles in practical contexts and identifying reform possibilities; (4) effectively communicate (in the administrative law context) legal conclusions and opinions, evaluations of prospects in hypothetical scenarios, critical assessments of the state of the law, and ideas for reform; and (5) effectively locate and use key resources in the field of administrative law.
 
ContentLAWS3385 Administrative Law I (a prerequisite to this unit) examined what many consider to be the core principles underlying the legal control of administrative action—the 'grounds' of judicial review. This unit examines the judicial review remedies and related topics, and the newer non-judicial components of contemporary administrative law—freedom of information, the ombudsman and merits review.
 
AssessmentThis comprises attendance and participation in tutorials; the (optional) submission of a mid-semester assignment; and the completion of an end-of-semester examination.

Supplementary assessment is not available in this unit except in the case of a bachelor's pass degree student who has obtained a mark of 45 to 49 and is currently enrolled in this unit, and it is the only remaining unit that the student must pass in order to complete their course.
 
Unit Co-ordinator(s): Associate Professor Alex Gardner
Location: UWA (Crawley)
Mode: on-campus

Unit Rules:
PrerequisitesLAWS3385 Administrative Law I
Advisable prior studyLAWS4400 Constitutional Law I
Contact hourslectures: 2 hrs per week; tutorials: 1 hr per fortnight

Unit Web Page: http://www.uwa.edu.au/page/103092
Note: Some unit web pages are still under construction and will be available in 2009.
 

Recommended Texts

Creyke, R. and McMillan, J. Control of Government Action: LexisNexis Butterworths 2005 (casebook) (or latest edition)

Lane, W. B and Young S. Administrative Law in Australia: Lawbook Co. 2007

Additional Texts

Allars, M. Introduction to Australian Administrative Law: Butterworths 1990

Aronson, M. et al. Judicial Review of Administrative Action, 3rd ed.: Lawbook Co. 2004

Cane, P. and McDonald, L. Principles of Administrative Law: Legal Regulation of Governance: OUP 2007

Commonwealth Legislation and Administrative Law Collection: LexisNexis 2007

Douglas, R. Douglas and Jones's Administrative Law, 5th ed.: Federation Press 2006

Groves, M. and Lee, H. P., eds Australian Administrative Law: Fundamentals, Principles and Doctrines: CUP 2007

Hotop, S. D. Principles of Australian Administrative Law, 6th ed.: Lawbook Co. 1985

Lewis, C. Judicial Remedies in Public Law, 3rd ed.: Sweet & Maxwell 2004

Sykes, E. I. et al. General Principles of Administrative Law, 4th ed.: Butterworths 1997


Assistance with study skills, including English language skills, is available free of charge from Student Services for all enrolled students (see http://www.studysmarter.uwa.edu.au/). Student Services location: Second Floor, South Wing, Guild Village; telephone: 6488 2423.
 
Books and other material wherever listed may be subject to change. Book lists relating to 'Preliminary Reading', 'Recommended Reading' and 'Textbooks' are, in most cases, available at the University Co-operative Bookshop (from early January) and appropriate administrative offices for students to consult. For first-year units the Bookshop will endeavour to make available photocopies of book lists for individual units. Books marked with an asterisk (*) are available in paperback.

 

Unit Resources

Unit Coordinator

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