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Current Issues in Administrative Law (LAWS70201)
Graduate coursework level 7Points: 12.5Not available in 2023
From Semester 1, 2023 our undergraduate programs will be delivered on campus. Graduate programs will mainly be delivered on campus, with dual-delivery and online options available to a select number of subjects within some programs.
To learn more, visit 2023 Course and subject delivery.
Overview
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This could not be a more interesting and important time to engage with some of the most challenging issues in administrative law. Australian administrative law has undergone rapid change in recent years. In significant respects it has diverged from the rest of the common law world, under the influence of the Australian Constitution. Some of the resulting doctrines are not yet in a settled state. At the same time, however, administrative law continues to play the critical role in mediating relations between people and the institutions of government that in Australia’s case is heightened by the absence of systemic arrangements for the legal protection of individual rights. The two lecturers in the subject bring a combination of practical and scholarly perspectives to bear on the selected topics, all of which are chosen for their contemporary relevance.
The subject will focus on key themes in Australian administrative law, which are likely to include:
- Jurisdictional error; the related notion of invalidity
- Unreasonableness, irrationality and illogicality
- Policy
- Boundaries of judicial review
- Constitutionalisation of administrative law.
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Intended learning outcomes
A student who has successfully completed this subject will:
- Have an advanced and integrated understanding of administrative law in the context of Australian government, including recent developments in administrative law and practice
- Be able to critically examine, analyse, interpret and assess the effectiveness of laws, institutions and practices in the field of administrative law
- Be an engaged participant in debates on administrative law, institutions and practices in the Australian and other common law legal systems
- Have a sophisticated appreciation of the factors and processes that drive legislative and doctrinal change in administrative law
- Have a sophisticated understanding of the role of administrative law in protecting the rights and interests of individuals.
- Be aware, at an advanced level, of the impacts of constitutionalisation and internationalisation on administrative law
- Have the cognitive and technical skills to generate critical and creative ideas relating to administrative law and to critically evaluate existing theories, principles and practices
- Have the cognitive and technical skills to independently examine, research and analyse existing and emerging legal questions in the field of administrative law
- Have the communication skills to clearly articulate and convey complex information regarding administrative law to relevant specialist and non-specialist audiences.
Last updated: 24 January 2023
Eligibility and requirements
Prerequisites
None
Corequisites
None
Non-allowed subjects
None
Recommended background knowledge
A general understanding of administrative law, on which this subject will build 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 Melbourne Law Masters welcomes applications from students with disabilities. The inherent academic requirements for study in the Melbourne Law Masters are:
- The ability to attend a minimum of 75% of classes and actively engage in the analysis and critique of complex materials and debate;
- The ability to read, analyse and comprehend complex written legal materials and complex interdisciplinary materials;
- The ability to clearly and independently communicate in writing a knowledge and application of legal principles and interdisciplinary materials and to critically evaluate these;
- The ability to clearly and independently communicate orally a knowledge and application of legal principles and interdisciplinary materials and critically evaluate these;
- The ability to work independently and as a part of a group;
- The ability to present orally and in writing legal analysis to a professional standard.
Students who feel their disability will inhibit them from meeting these inherent academic requirements are encouraged to contact Student Equity and Disability Support.
Last updated: 24 January 2023
Assessment
| Description | Timing | Percentage |
|---|---|---|
Option 1: Take-home examination
| 18 - 21 October | 100% |
Option 2: Research paper on a topic approved by the subject coordinator
| 27 November | 100% |
| Hurdle requirement: A minimum of 75% attendance | Throughout the teaching period | N/A |
Last updated: 24 January 2023
Quotas apply to this subject
Dates & times
Not available in 2023
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: 24 January 2023
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.
- Related Handbook entries
This subject contributes to the following:
Type Name Course Graduate Diploma in Legal Studies Course Graduate Diploma in Government Law Course Master of Laws Course Master of Public and International Law - 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.
Additional information for this subject
If required, please contact law-admissions@unimelb.edu.au for subject coordinator approval.
- Available to Study Abroad and/or Study Exchange Students
This subject is available to students studying at the University from eligible overseas institutions on exchange and study abroad. Students are required to satisfy any listed requirements, such as pre- and co-requisites, for enrolment in the subject.
Last updated: 24 January 2023