Administrative law : context and critique / Michael Head.

Alexandria, N.S.W. : The Federation Press, 2021.

5th edition

198584

Administrative law -- Australia.

Administrative law -- Interpretation and construction.

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

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. Jurisdictional errors and ouster clauses

16. The final hurdle! Judicial remedies and the ADJR Act

17. A brief overview and exam advice

Case study 1: The release of the 1975 "Palace letters"

Case study 2: The removal of the Kosovar refugees.

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 fifth edition fully updates the law to examine recent High Court and other superior court decisions, particularly those relating to unreasonableness, sub-delegation, bias, jurisdictional error and government liability for damages in tort, including for misfeasance in public office. 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. - Publisher's website.

Previous edition: 2017.

Includes bibliographical references and index.

Cover image reproduced with permission of the artist Dianna K. Moore.

9781760023027

xxxv, 383 pages ; 24 cm