Australian Administrative Law

Australia Title

This text aims to make Australian administrative law accessible, bringing structure and clarity to an area of law that has become increasingly complex. 

The full domain of administrative law is addressed. At its core is a concise analysis of the principles applied in judicial review, supported by detailed reference to federal, state and territory case law relating to justiciability, standing, excess and abuse of power, jurisdictional error, procedural fairness and remedies. Separate chapters are devoted to rule making, open government (including freedom of information legislation and duties to give reasons), investigative tribunals and merits review tribunals. 

At the outset, the author explains the constitutional framework within which administrative law operates and the theoretical underpinning for measures designed to control administrative discretion and the development of administrative law standards. This provides a foundation throughout for critical reflection upon the principles. 

The authoritative discussion of pertinent principles, legislation, rules and case law makes this an indispensable resource for legal practitioners, government and judicial officers, researchers and students of administrative law.  

Features

• Clear and logical analysis
• Covers all aspects of administrative law
• Addresses theoretical underpinning and constitutional framework
• Authoritative and accessible commentary
• Comprehensive coverage
• Consolidates understanding of administrative law principles

table of content

1. Preliminaries and Foundations
2. Rules and Rule-Making
3. Open Government
4. Tribunals
5. Jurisdiction and Justiciability
6. Standing
7. Excess of Power
8. Abuse of Power: Improper Purpose, Relevant and Irrelevant Considerations and Unreasonableness
9. Abuse of Power: Failure to Exercise Discretion
10. Jurisdictional Error and Error of Law on the Face of the Record
11. Procedural Fairness: Implication
12. Procedural Fairness: Content of Hearing
13. Procedural Fairness: Bias Rule
14. Remedies
15. Discretion to Decline Relief