Subjects 2009
Judicial Review in Commonwealth Countries (formerly Administrative Law in Commonwealth Countries) 730626
- Credited Courses: Graduate Diploma in Government Law 178; Graduate Diploma in Government Law 178; Graduate Diploma in Legal Studies L08; Graduate Diploma in Transnational Law 333; Master of Laws (LLM) 502; Master of Laws (LLM) 502; Master of Legal Systems 890; Master of Public and International Law 511; Master of Public and International Law 511
Objectives
A student who has successfully completed this subject should:
- Be generally aware of the traditional approaches to judicial review of administrative action in Commonwealth countries
- Understand the forces producing change in administrative justice and be able to anticipate some new developments
- Be aware of major recent developments in administrative justice in selected Commonwealth countries
- Be able to compare and evaluate these changes
- Understand and be able to apply key administrative law doctrines, including lawfulness, procedural fairness, reasonableness and rationality.
Syllabus
Principal topics will include:
- The relationship between constitutional and statutory forms of administrative review and the common law, and the influence of the doctrine of the separation of powers
- The distinction between appeal and review, including the role of appellate tribunals
- The sources of, and dividing line between, public and private power
- Grounds for review of administrative action, particularly reasonableness and rationality
- The requirements of procedural fairness Procedural aspects of administrative law and remedies.
