78254 Advanced Administrative Law
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Credit points: 6 cp
Result type: Grade and marks
Requisite(s): ((94 credit points of completed study in spk(s): C04236 Juris Doctor OR 142 credit points of completed study in spk(s): C04250 Juris Doctor Master of Business Administration) AND 70106c Principles of Public International Law AND 70107c Principles of Company Law) OR (94 credit points of completed study in spk(s): C04320 Juris Doctor Graduate Certificate Professional Legal Practice AND 70106 Principles of Public International Law)
The lower case 'c' after the subject code indicates that the subject is a corequisite. See definitions for details.
Description
This subject aims to provide an advanced understanding of:
- how to practically navigate the highly sophisticated legal environment in which administrative law in Australia currently operates
- the theoretical underpinnings of administrative law
- the central role of judicial review in contemporary administrative law matters
- the complex relationship between administrative law and constitutional law
- the relationship between theories of authority and accountability
- the practical complexity of resolving contemporary administrative law issues
- the professional responsibilities of those involved in administrative law matters.
Subject learning objectives (SLOs)
Upon successful completion of this subject students should be able to:
| 1. | Deepening an account of the theoretical underpinnings of administrative law, including how administrative law interacts with constitutional law |
|---|---|
| 2. | Refine high order research skills in the context of a dynamic and changing legal environment in Australian administrative law |
| 3. | Refining advanced statutory interpretation skills as they apply to complex statutory schemes. This includes sharpening the ability to navigate, analyse and synthesise statutory language and to articulate a concise argument for a preferred view |
| 4. | Develop an appreciation for the professional responsibilities of a range of actors involved in the practice of administrative law, including those holding public office, executive decision-makers, others involved in review of executive action, and lawyers |
| 5. | Develop an appreciation for the professional responsibilities of a range of actors involved in the practice of administrative law, including those holding public office, executive decision-makers, others involved in review of executive action, and lawyers |
Teaching and learning strategies
Strategy 1 Attendance and participation in seminar-style classes
Strategy 2 Refine research and written communication skills through a research essay
Strategy 3 Leading class discussion and collaborating with peers
Strategy 4 Advanced skills in navigating complex legislative schemes
Content (topics)
- Introduction
- Contemporary Context: Expanding Nature of Government Power
- Contemporary Context: Privatisation/Outsourcing of Government Power
- Theories of Government Accountability
- Advanced Statutory Interpretation: Practical Skill Development
- Judicial Review: the Constitutionalisation of Administrative Law in Australia
- Casestudy: the Privative Clause in the Migration Act
- Reversing Accountability: Authority, Exercise of Authority and Office
- Responsibilities of Office: Ombudsman and other guest speakers
- Contemporary issues: Casestudies
- Administrative Law: From Citizen to Government and Back Again
- Conclusion
