Administrative law : context and critique
著者
書誌事項
Administrative law : context and critique
Federation Press, 2017
4th ed
- : pbk
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注記
Previous edition: 2012
Includes bibliographical references and index
内容説明・目次
内容説明
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 aEURO prioritiesaEURO 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 aEURO legitimate expectationsaEURO ) 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 aEURO" 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 authoraEURO (TM)s experience of teaching administrative law since 1998.
目次
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. aEURO SimpleaEURO Ultra Vires: Decisions Made Beyond Power
9. aEURO ExtendedaEURO Ultra Vires: Abuse of Power
10. aEURO ExtendedaEURO 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 Power
15. Jurisdictional Errors and Ouster Clauses
16. 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
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