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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.
The fourth edition of this book comes 12 years after the first. Unsurprisingly,? it contains updates and reviews of ?the many legislative changes and judicial rulings, as well as of altered? AAT arrangements, that have taken place since its 2012 predecessor. Head identifies High Court administrative? law decisions where he says political considerations have been candidly applied; limits have been imposed on the use of ministerial determinations; a less restrictive approach to Wednesbury unreasonableness has been adopted; the employment of "legitimate expectations" language has been abandoned; and the requirements of procedural fairness have been narrowed in recent years. The distinctive element of the book? is its self-proclaimed "critical, inquiring and rigorous eye" and its inclination to place administrative law "in context". Head argues that it is refashioned continuously by economic and financial interests, political assumptions and official expediency, instancing decisions such as those dealing with Haneef, the Mutitjulu Aboriginal Community and the "Malaysian Solution". Head's analysis of the evolution of administrative law goes beyond being a black-letter exegesis and is more a book which enables a reader to understand at a sophisticated level the undercurrents that shape and reshape how government decisions are held to account by the courts. - Ian Freckelton QC, InPrint, Law Institute Journal Victoria, March 2018
List of Chapters Preface Key Words and Phrases Abbreviations 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 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 Power15. Jurisdictional Errors and Ouster Clauses16. The Final Hurdle! Judicial Remedies and the ADJR Act 17. A Brief Overview and Exam Advice
Case Study 1: A Simple Case of Review of Cancellation of Pensions? Case Study 2: The Removal of the Kosovar Refugees
ISBN: 9781760020842 ISBN-10: 1760020842 Audience:
Tertiary; University or College
Number Of Pages: 384 Published: 13th February 2017 Publisher: Federation Press Country of Publication: AU Dimensions (cm): 23.5 x 15.9
Weight (kg): 0.58
Edition Number: 4 Edition Type: Revised