Willan Publishing

Administrative Law (2e)

Context and critique

Michael Head (University of Western Sydney)


Published by Federation Press, distributed by Willan Publishing.
No Text Administrative law is one of the most political and controversial areas of law. It regulates the basic rights of individuals, the public and businesses against the government by ensuring that those individuals and bodies exercising administrative power do so within the law. As a result, administrative law impacts on Australians wherever and whenever their lives are touched by government – in more everyday and local matters such as paying tax, claiming social security or appealing a council planning decision and in those rarer cases of the most personal, national and political importance.

Despite its clear interest and importance, administrative law is often approached with foreboding. Full of technicalities and arcane distinctions, administrative law is seen as one of the most dense and difficult areas of law to understand.

Michael Head makes administrative law intelligible, intellectually satisfying and even enjoyable. Head reviews administrative law with a keen critical eye to its historical, political, economic, social and governmental context. He argues that unless you know the political controversies, policy arguments, judicial trends and constitutional tensions that lie behind nearly all the major cases, you simply cannot understand how and why the courts have reached their decisions.

Written primarily as a student text and cross-referenced to Douglas and Jones's Administrative Law and other leading texts, Michael Head's book combines clear and succinct exposition of legislation, rules and principles; pithy and critical summaries of main cases; and commentary that takes readers beyond the strict legalities to gain a feel for the social fabric, political dynamics, judicial schisms and evolution of the law

Contents
1 Introduction: 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 Ombudsmen, 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
10 'Extended' Ultra Vires: Refusal to Exercise a Discretion
11 Procedural Fairness (Natural Justice)
12 The Content of the Hearing Rule
13 The Bias Rule, Reasons and Probative Evidence
14 Substantive Fairness? Estoppel: Undertakings Regarding the Future Exercise of Power
15 Status of Unlawful Decisions and Ouster Clauses
16 The Final Hurdle! Judicial Remedies and the ADJR Act
17 An Overview
18 Case Study 1: A Simple Case of Review of Cancellation of Pensions
19 Case Study 2: The Removal of the Kosovar Refugees
Table of Cases
Table of Statutes
Index

About Michael Head Michael Head is an Associate Professor at the University of Western Sydney, having previously taught law atLaTrobe, Adelaide and ANU. His teaching and research interests lie inJurisprudence, Administrative Law, Refugee and Immigration Law and LawFoundation (Law and Society).

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