LAWS6011 - Administrative Law

Objectives

  • Develop a critical perspective upon the accountability of government decision-makers.
  • Examine theoretical frameworks for analysis of a range of issues concerning accountability, with reference to relevant principles of administrative law.
  • Analyse the separation of powers and the doctrine of ministerial responsibility, merits review tribunals, investigative tribunals and tribunal procedure.
  • Examines theories of participatory democracy, with reference to relevant legal principles drawn from procedural fairness, rules of standing and consultation requirements in rule making.
  • Examines theories of open government, with reference to statutory duties to give reasons for decisions and freedom of information legislation.
  • Examines the proper scope of administrative law by discussion of the issue of its extension to government business enterprises which are corporatised, privatised or contracted out.

Content

The concept of administrative discretion, alternative theories of the rule of law, human rights, ethics and managerialism; the accountability of the executive branch of government; theories of participatory democracy, with reference to relevant legal principles drawn from procedural fairness, rules of standing and consultation requirements in rule making; theories of open government, with reference to statutory duties to give reasons for decisions and freedom of information legislation; the proper scope of administrative law by discussion of the issue of its extension to government business enterprises which are corporatised, privatised or contracted out.

Session

Semester 1 Intensive
28 February & 1, 28, 29 March 2014

The timetable is subject to frequent changes. Please refer to the latest version of the Postgraduate Timetable.

Please note: this is a core unit for Master of Administrative Law & Policy (MALP) candidates.

Assessment

  • 1 x 7,500 Word Essay (100%) or 2 x 3,750 Word Essays (50% each)

Assumed knowledge

MALP and Environmental Law students must either have completed or be concurrently enrolled in LAWS6252 - Legal Reasoning and the Common Law System (core) before undertaking this unit.

Continuing Professional Development (CPD)

You can credit this unit towards Continuing Professional Development (CPD). Units of study that are part of Sydney Law School’s Postgraduate Program meet the necessary Mandatory Continuing Legal Education (MCLE) of the Law Society of New South Wales and the Continuing Professional Development (CPD) requirements of the New South Wales Bar Association. You may complete this unit of study by enrolling on a non-degree basis or on an audit basis only with no assessment via Single Unit Study.

Courses this unit is available in

Master of Laws | Graduate Diploma in Law | Master of Global Law | Master of Administrative Law and Policy | Master of Environmental Law | Graduate Diploma in Environmental Law | Master of Environmental Science and Law