Modern Administrative Law in Australia
Modern Administrative Law in Australia

Author: Matthew Groves

Publisher: Cambridge University Press

Published: 2014-06-02

Total Pages: 481

ISBN-13: 113986842X

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Modern Administrative Law in Australia provides an authoritative overview of administrative law in Australia. It clarifies and enlivens this crucial but complex area of law, with erudite analysis and modern perspectives. The contributors - including highly respected academics from eleven Australian law schools, as well as eminent practitioners including Chief Justice Robert French AC and Justice Stephen Gageler of the High Court of Australia - are at the forefront of current research, debate and decision making, and infuse the book with unique insight. The book examines the structure and themes of administrative law, the theory and practice of judicial review, and the workings of administrative law beyond the courts. Administrative law affects innumerable aspects of political, commercial and private life, and yet is often considered difficult to understand. Modern Administrative Law unravels the intricacies and reveals how they are applied in real cases. It is an essential reference for students and practitioners of administrative law.

Administrative Justice and Its Availability
Administrative Justice and Its Availability

Author: Debra Mortimer

Publisher:

Published: 2015

Total Pages: 183

ISBN-13: 9781760020279

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The Federal Court of Australia exercises principal trial and intermediate appellate jurisdiction in relation to federal administrative law in Australia, a jurisdiction which is central to the Court's existence and function. Therefore, it was fitting for the Court, together with the Law Council of Australia, to host a conference designed to provoke thought and discussion about contemporary issues in Australian federal administrative law, held in conjunction with the Court's August 2014 judges' conference. The conference brought together some of the best judicial, professional and academic thinkers in administrative law. It was opened with a sparkling and informed comparative presentation by Justice Dennis Davis from the Western Cape High Court of South Africa. Through comprehensive panel reports on each session, this publication gives the reader the flavour of the entire conference, including the lively debates. Nine individual papers are also reproduced, covering the most important current issues in federal administrative law and bringing a variety of perspectives to those issues.

Human Rights and Judicial Review in Australia and Canada
Human Rights and Judicial Review in Australia and Canada

Author: Janina Boughey

Publisher: Bloomsbury Publishing

Published: 2017-06-15

Total Pages: 321

ISBN-13: 1509907882

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It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that – there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.

Understanding Administrative Law in the Common Law World
Understanding Administrative Law in the Common Law World

Author: Paul Daly

Publisher: Oxford University Press

Published: 2021

Total Pages: 321

ISBN-13: 0192896911

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A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Government Accountability – Australian Administrative Law
Government Accountability – Australian Administrative Law

Author: Judith Bannister

Publisher: Cambridge University Press

Published: 2018-10-23

Total Pages: 597

ISBN-13: 1316636690

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The second edition of Government Accountability: Australian Administrative Law offers an accessible and practical introduction to administrative law in Australia. The text introduces the legal principles that regulate the exercise of power by public authorities and explains the legal mechanisms that exist to remedy failures, with an emphasis on the overarching principle of accountability. Thoroughly revised and updated to incorporate recent changes to case law and legislation, this edition offers expanded, contemporary material on public investigatory bodies, information disclosure, administrative review tribunals, the limits on juridical review, and procedural fairness. Updated case examples throughout illustrate the practical operation of these principles and assist readers to connect theory with practice. Government Accountability provides readers with a concise introduction to the contexts, theory and application of administrative law and arms students with the knowledge and skills to successfully analyse and assess the decisions and actions of public authorities.

Australian Administrative Law
Australian Administrative Law

Author: Matthew Groves

Publisher: Cambridge University Press

Published: 2007-09-24

Total Pages:

ISBN-13: 1139465422

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The growth of administrative law in Australia has continued in an unabated form since the introduction of innovative reforms in the mid-seventies. The centre plank of these reforms was the establishment of the Administrative Appeals Tribunal with follow-on reforms relating to the Ombudsman, judicial review and freedom of information legislation. The impact of these reforms has been vast and significant. This 2007 book seeks to take stock of the growth and development of administrative law principles. Particular attention is paid to the important cases and key doctrines which provide the theoretical underpinnings of these principles. In this book a team of highly respected administrative law scholars and jurists aim to provide a lucid exposition of the relevant case law, principles and doctrines. The book should illuminate the fundamental features of Australian administrative law and should prove useful to students and practitioners interested in this field.

Australian Administrative Law
Australian Administrative Law

Author: M. ALLARS

Publisher:

Published: 2020

Total Pages:

ISBN-13: 9780409350425

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Australian Administrative Law aims to make Australian administrative law accessible, bringing structure and clarity to a department of law that has become increasingly complex. The full domain of administrative law is addressed. At its core is a concise analysis of the principles applied in judicial review, supported by detailed reference to federal, state and territory case-law relating to justiciability, standing, excess and abuse of power, jurisdictional error, procedural fairness and remedies. Separate chapters are devoted to rule making, open government (including freedom of information legislation and duties to give reasons), investigative tribunals and merits review tribunals. At the outset the constitutional framework within which administrative law operates and the theoretical underpinning for measures designed to control administrative discretion and the development of administrative law standards is explained. This provides a foundation throughout for critical reflection upon the principles. Features ¿ Accessible, clear commentary ¿ Concise and logical analysis ¿ Comprehensive coverage of all aspects of administrative law ¿ Addresses theoretical underpinning and constitutional framework ¿ Consolidates understanding of administrative law principles

Government Accountability Sources and Materials
Government Accountability Sources and Materials

Author: Judith Bannister

Publisher: Cambridge University Press

Published: 2018-10-23

Total Pages: 466

ISBN-13: 1108694217

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Government Accountability: Australian Administrative Law Sources and Materials is a companion text to the second edition of Government Accountability: Australian Administrative Law. The casebook follows the structure of the textbook and provides a sophisticated and in-depth introduction to the principal areas of administrative law taught in Australia. Extracts from primary materials – including cases, legislation and judicial review – provide readers with an understanding of the key principles of administrative law and demonstrate how these mechanisms operate in practice. Case extracts provide a clear account of the facts, issues and statutory provisions considered by the courts. Extracts from secondary sources, including from parliamentary reports and publications by leading commentators in this field, further elucidate key concepts and controversies. Written by experts with substantial teaching and research experience, this is an essential text that will equip students with the tools to think critically and successfully apply the law to practice.

Australian Administrative Law
Australian Administrative Law

Author: Matthew Groves

Publisher: Cambridge University Press

Published: 2007-08-28

Total Pages: 524

ISBN-13: 9780521697903

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The growth of administrative law in Australia has continued in an unabated form since the introduction of innovative reforms in the mid-seventies. The centre plank of these reforms was the establishment of the Administrative Appeals Tribunal with follow-on reforms relating to the Ombudsman, judicial review and freedom of information legislation. The impact of these reforms has been vast and significant. This 2007 book seeks to take stock of the growth and development of administrative law principles. Particular attention is paid to the important cases and key doctrines which provide the theoretical underpinnings of these principles. In this book a team of highly respected administrative law scholars and jurists aim to provide a lucid exposition of the relevant case law, principles and doctrines. The book should illuminate the fundamental features of Australian administrative law and should prove useful to students and practitioners interested in this field.