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Australian Administrative Law Fundamentals, Principles and Doctrines
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Australian Administrative Law Fundamentals, Principles and Doctrines
By
H. P. Lee, Matthew Groves
Description
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 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.
• A lucid and
succinct analysis • An unrivalled list of contributing authors •
Illuminating and incisive scholarship
Contents
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.
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