Administrative law : context and critique / Michael Head.

Alexandria, N.S.W. : The Federation Press, 2026.

6th edition

203273

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" and procedural 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.

Developments in administrative law are inevitably bound up with economic, social and political trends. Students, advocates and legal practitioners alike cannot ignore these developments. This sixth edition examines the creation, powers and initial performance of the federal Administrative Review Tribunal (ART), which commenced in October 2024 to replace the discredited Administrative Appeals Tribunal (AAT). It further updates the law to examine recent High Court and other superior court decisions, including the twists and turns of the courts on refugees and indefinite immigration detention. Important decisions have also been handed down dealing with issues such as standing, procedural fairness, jurisdictional error and ultra vires, and these are all critically examined and explained. 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. Once again, pithy summaries and analyses are provided. - Publisher's website.

Previous editon 2021.

Includes bibliographical references and index.

9781760025854

xxxvi, 450 pages ; 24 cm