Full Description
Modern Administrative Law in Australia provides an authoritative overview of administrative law in Australia. It clarifies and enlivens this crucial but complex area of law, with erudite analysis and modern perspectives. The contributors - including highly respected academics from eleven Australian law schools, as well as eminent practitioners including Chief Justice Robert French AC and Justice Stephen Gageler of the High Court of Australia - are at the forefront of current research, debate and decision making, and infuse the book with unique insight. The book examines the structure and themes of administrative law, the theory and practice of judicial review, and the workings of administrative law beyond the courts. Administrative law affects innumerable aspects of political, commercial and private life, and yet is often considered difficult to understand. Modern Administrative Law unravels the intricacies and reveals how they are applied in real cases. It is an essential reference for students and practitioners of administrative law.
Contents
Part I. The Structure and Themes of Administrative Law: 1. Administrative law in the Australian environment Matthew Groves and Janina Boughey; 2. Administrative law in Australia: themes and values revisited Robert S. French; 3. The public/private distinction and the reach of administrative law Chris Finn; 4. Human rights and judicial review: two sides of the same coin? Alison Duxbury; 5. Security and fairness in Australian public law Ben Saul; 6. Statutory interpretation and administrative law Jeffrey Barnes; 7. Standing to maintain public law proceedings Andrew Edgar; Part II. Judicial Review: 8. The constitutional dimension Stephen Gageler; 9. Australia's codification of judicial review: has the legislative effort been worth it? Peter Billings and Anthony E. Cassimatis; 10. The evolution and entrenchment of natural justice Matthew Groves; 11. Holding government to its word: legitimate expectations and estoppels in administrative law Greg Weeks; 12. Jurisdictional error and beyond Mark Aronson; 13. Privative clauses: politics, legality and the constitutional dimension Simon Young; Part III. Beyond the Courts: 14. The integrity branch: a 'system', and 'industry', or a sensible emerging fourth arm of the government? A. J. Brown; 15. The ombudsman Anita Stuhmcke; 16. Freedom of information: a new era with old tensions Judith Bannister; 17. Privacy Moira Paterson; 18. Tribunals and merits review Robin Creyke; 19. 'Fair is foul and foul is fair': migration tribunals and a fair hearing Linda Pearson.
