Australian Administrative Law:: Fundamentals, Principles and Doctrines

EAN: 9780521697903
Published 27/09/2007
Language: English

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.

Foreword
Preface
About the contributors
Table of cases
Table of statutes
1. Australian administrative law - the constitutional and legal matrix Matthew Groves and H. P. Lee
2. Administrative law in Australia
themes and values Robert French
3. The public/private distinction in Australian administrative law Colin Campbell
4. Administrative law - the human rights dimension Ben Saul
5. Administrative tribunals Robyn Creyke
6. Australian Ombudsman
a continual work in progress Rick Snell
7. Freedom of information Moira Paterson
8. Delegated legislation Stephen Argument
9. The concept of 'justiciability' in administrative law Chris Finn
10. Standing Roger Douglas
11. Reasons for administrative decisions
legal framework and reform Marilyn Pittard
12. Relevant and irrelevant considerations Naomi Sidebotham
13. Improper purpose H. P. Lee
14. Reasonableness, rationality and proportionality Geoff Airo-Farulla
15. The 'no evidence' rule Bill Lane
16. Failure to exercise discretion or perform duties Maria O'Sullivan
17. Procedural fairness - the hearing rule Linda Pearson
18. The doctrine of substantive unfairness and the review of substantive legitimate expectations Cameron Stewart
19. The impact and significance of Teoh and Lam Alison Duxbury
20. The rule against bias Matthew Groves
21. Jurisdictional error without the tears Mark Aronson
22. Privative clauses and the limits of the law Mary Crock and Edward Santow
23. Administrative law judicial remedies Stephen Gageler
Endnotes
Index.