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Administrative Law: Context and Critique 4th Edition

Administrative Law: Context and Critique 4th Edition

Author: Michael Head
Publisher: The Federation Press
ISBN: 9781760020842
Published In: February 2017
Format: Paperback
Jurisdiction: Australia ? Disclaimer:
Countri(es) stated herein are used as reference only

RM315.36

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Contents

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Constant changes in administrative law and shifting political winds reinforce the need for an up-to-date volume that critically examines the law in its contemporary, as well as historical, context.

This fourth edition assesses the amalgamation of the federal administrative tribunals, the abandonment of plans to abolish the Australian Information Commissioner, the revamping of the rules regarding federal delegated legislation and the controversies around the rules of standing to challenge government environmental decisions.

It also reviews a string of possibly far-reaching High Court rulings, such as Minister for Immigration and Citizenship v Li (unreasonableness revamped), Plaintiff M-64-2015 v Minister for Immigration and Border Protection (government “priorities” ruled relevant), Maritime Union of Australia v Minister for Immigration and Border Protection (limits on the use of ministerial determinations), Wei v Minister for Immigration and Border Protection (jurisdictional error and the mandatory/directory distinction), Minister for Immigration and Border Protection v WZARH (procedural fairness and “legitimate expectations”) and Isbester v Knox City Council (bias and the Stollery principle).

These developments highlight the ever-evolving shape of administrative law. They underscore a central argument of this book – the necessity to examine the content and trajectory of administrative law in its political, administrative and socio-economic settings.

This edition is further fashioned from the author’s experience of teaching administrative law since 1998.

Preface

Table of Cases

Table of Statutes

1. What is Administrative Law?

2. How to Approach Administrative Law

3. The Constitutional and Legal Framework

4. Where to Begin? Non-Judicial Review of Administrative Action

5. Other Avenues of Review: The Ombudsman, Freedom of Information and the Right to Reasons

6. Delegated Legislation and Statutory Interpretation

7. Introduction to Judicial Review: Jurisdiction, Justiciability and Standing

8. “Simple” Ultra Vires: Decisions Made Beyond Power

9. “Extended” Ultra Vires: Abuse of Power