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Law and Public Administration (LAWS90119)
Graduate courseworkPoints: 12.5On Campus (Parkville)
About this subject
- Overview
- Eligibility and requirements
- Assessment
- Dates and times
- Further information
- Timetable(opens in new window)
Contact information
March
Lecturers
Associate Professor Jason Varuhas
Professor Richard Rawlings FLAW
Email: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Overview
Availability(Quotas apply) | March |
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Fees | Look up fees |
This subject will address a selection of the most significant and cutting edge issues in the law governing public administration. Importantly the subject will take a contextual approach, placing administrative law principles in the context of the administrative processes they are designed to regulate, and considering the role of law in the design and working of government administration. It will seek to consider cutting edge issues in administrative law not only through the lens of legal analysis but also from the perspective of public officials, who are the addressees of and must work with administrative law principles. The subject will focus on the law of Australia and other common law jurisdictions.
The subject is divided into three parts. Part one, on decision-making, will address the distinction and interrelationship between discretion and rules, including the use and legal status of government policy and official guidance; administrative procedures, including in terms of e-governance; and the place of good governance values in government rule-making, including values of transparency, accountability and participation. Part two, on judicial-executive relations, will consider government strike-back against judicial decisions, both in the context of judicial review and public authority liability, and the interplay between judicial review and government resource allocation. Part three, on ‘new principles, new challenges’, will critically examine and chart the implications for public administration of emergent doctrines such as proportionality, legitimate expectations and duties of consultation.
The subject will be of interest to lawyers with interests in public law, and of especial interest to lawyers working in or who advise government, and to anyone with an interest in how law frames and operates within public administration.
Principal topics include:
- Administrative decision-making
- Administrative discretion and rules, with a case study on the use and legal status of administrative policy and guidance
- Administrative decision-making procedures and the role of legal norms
- Government rule-making and good governance values including transparency, accountability and participation
- Judicial-government relations
- Government responses to judicial decisions and the impact of judicial decisions on public administration, with cases studies in judicial review and government liability
- Judicial review and government resource allocation
- New principles, new challenges
- Emergent doctrines and their implications for public administration, with case studies on proportionality, legitimate expectations and duties of consultation.
Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of the role of law in the design and working of public administration, including recent developments
- Be able to critically examine, analyse, interpret and assess the effectiveness of laws, institutions and practices in the field of public administration
- Be an engaged participant in debates on the law, institutions and practices of public administration in the Australian and other common law legal systems
- Have a sophisticated appreciation of the factors and processes that drive change in the law governing, and practices of public administration
- Have a sophisticated understanding of the interrelationship between law and public administration
- Be aware, at an advanced level, of the impacts of law and judicial decisions on public administration, and of government responses to judicial decisions
- Have the cognitive and technical skills to generate critical and creative ideas relating to the legal framework of public administration and to critically evaluate existing theories, principles and practices
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging questions in relation to the legal framework of public administration
- Have the communication skills to clearly articulate and convey complex information regarding the subject to relevant specialist and non-specialist audiences.
Last updated: 3 November 2022
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
A general understanding of administrative law is recommended, as this subject will build on it at an advanced level.
Applicants without legal qualifications should note that subjects are offered in the discipline of law at an advanced graduate level. While every effort will be made to meet the needs of students trained in other fields, concessions will not be made in the general level of instruction or assessment. Most subjects assume the knowledge usually acquired in a degree in law (LLB, JD or equivalent). Applicants should note that admission to some subjects in the Melbourne Law Masters will be dependent upon the individual applicant’s educational background and professional experience.
Inherent requirements (core participation requirements)
The University of Melbourne is committed to providing students with reasonable adjustments to assessment and participation under the Disability Standards for Education (2005), and the Assessment and Results Policy (MPF1326). Students are expected to meet the core participation requirements for their course. These can be viewed under Entry and Participation Requirements for the course outlines in the Handbook.
Further details on how to seek academic adjustments can be found on the Student Equity and Disability Support website: http://services.unimelb.edu.au/student-equity/home
Last updated: 3 November 2022
Assessment
Additional details
- Take-home examination (5,000 - 6,000 words) (100%) (4 - 7 May)
or - Research paper (8,000 - 10,000 words) (100%) (13 June) on a topic approved by the subject coordinator
A minimum of 75% attendance is a hurdle requirement.
Last updated: 3 November 2022
Quotas apply to this subject
Dates & times
- March
Principal coordinator Jason Varuhas Mode of delivery On Campus (Parkville) Contact hours 24-34 hours Total time commitment 150 hours Pre teaching start date 20 February 2018 Pre teaching requirements The pre-teaching period commences four weeks before the subject commencement date. From this time, students are expected to access and review the Reading Guide that will be available from the LMS subject page and the subject materials provided by the subject coordinator, which will be available from Melbourne Law School. Refer to the Reading Guide for confirmation of which resources need to be read and what other preparation is required before the teaching period commences. Teaching period 21 March 2018 to 27 March 2018 Last self-enrol date 4 December 2017 Census date 21 March 2018 Last date to withdraw without fail 4 May 2018 Assessment period ends 13 June 2018 March contact information
Lecturers
Associate Professor Jason Varuhas
Professor Richard Rawlings FLAWEmail: law-masters@unimelb.edu.au
Phone: +61 3 8344 6190
Website: law.unimelb.edu.au
Additional delivery details
This subject has a quota of 30 students.
Enrolment is on a first come, first served basis. Waitlists are maintained for subjects that are fully subscribed.
Students should note priority of places in subjects will be given as follows:
- To currently enrolled Graduate Diploma and Masters students with a satisfactory record in their degree
- To other students enrolling on a single subject basis, eg Community Access Program (CAP) students, cross-institutional study and cross-faculty study.
Please refer to the Melbourne Law Masters website for further information about the management of subject quotas and waitlists.
Last updated: 3 November 2022
Further information
- Texts
Prescribed texts
Specialist printed materials will be made available free of charge from the Melbourne Law School prior to the pre-teaching period.
- Links to additional information
- Available through the Community Access Program
About the Community Access Program (CAP)
This subject is available through the Community Access Program (also called Single Subject Studies) which allows you to enrol in single subjects offered by the University of Melbourne, without the commitment required to complete a whole degree.
Entry requirements including prerequisites may apply. Please refer to the CAP applications page for further information.
Last updated: 3 November 2022