LAW2221 Administrative Law
|Short Description:||Administrative Law|
|Faculty or Section :||Faculty of Business, Education, Law and Arts|
|School or Department :||School of Law and Justice|
|Student contribution band :||Band 3|
|ASCED code :||090900 - Law|
|Grading basis :||Graded|
|Version produced :||12 November 2019|
Pre-requisite: LAW2211 or (LAW3201 and LAW3461)
Students are required to have access to a personal computer, e-mail capabilities and Internet access to UConnect. Current details of computer requirements can be found at http://www.usq.edu.au/current-students/support/computing/hardware.
Government agencies and officials constantly make decisions that affect us. Administrative law is the body of law that defines the responsibilities of these decision-makers (ensuring amongst other things that correct processes are followed and powers not exceeded), and provides avenues of challenge for aggrieved persons and bodies.
Administrative law is the second major component of domestic `public law' (the law governing the exercise of public power). Whilst constitutional law focuses principally on the validity of legislation, administrative law generally assumes legislative validity and focuses on the validity and appropriateness of executive action taken under legislation (or under other powers) - especially insofar as that action affects the rights and interests of individuals.
The course first examines the principles and processes of `judicial review' including the `grounds' upon which such proceedings may be brought (and relevant issues of statutory interpretation), who may bring them, and what remedies may be obtained. The course then turns to the non-judicial components of contemporary administrative law: `merits review', ombudsman investigation and freedom of information.