Administrative Law 4th edition

Context and Critique
4. Revised Auflage 2017
ISBN: 978-1-76002-084-2
Verlag: Federation Press

Buch, Englisch, 384 Seiten, Format (B × H): 234 mm x 156 mm, Gewicht: 578 g

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 expectationsâ€) 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.

Autoren/Hrsg.

Head, Michael (Western Sydney University, Australia)

Head, Michael

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein

Inhaltsverzeichnis

CONTENTS
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
Index

Über Autor(innen)

Dr Michael Head is a Professor of Law at Western Sydney University, having previously taught law at La Trobe, Adelaide and Australian National University. He holds a Masters degree in law from New York's Columbia University, and became Western Sydney University’s first PhD graduate in law in 2004.
Professor Head is the author of a number of legal works, including Administrative Law: Context and Critique (4th ed, The Federation Press, 2017), Emergency Powers in Theory and Practice: The Long Shadow of Carl Schmitt (Ashgate 2016), Crimes Against the State: From Treason to Terrorism (Ashgate, 2011), Calling Out the Troops (The Federation Press, 2009) and Evgeny Pashukanis: A Critical Re-appraisal (Routledge-Cavendish, 2007).
His teaching and research interests lie in Jurisprudence, Administrative Law, Refugee and Immigration Law, and Law and Society. He publishes regularly in the fields of socialist legal theory and civil liberties.