Admin Consolidate

LAWS2115 - Administrative Law

#AnthonyMason #Law #AdministrativeLaw #CanadianAdministrativeLaw #UnitedKingdomAdministrativeLaw #ConstitutionalLaw #OusterClause #StatutoryLaw #KioaVWest #NaturalJustice #JurisdictionalError #CommonLaw #AustralianAdministrativeLaw

1 Found helpful • 34 Pages • Complete Study Notes • Year: Pre-2021

This document contains the majority of the courses content including the following topics: Admin Law & the Constitution , Admin Week 2 – Constitutional, Context and Scope of judicial review, Constitutional Context of Admin Law, Constitutional Context, Role of Courts, Steps in Preparing for Judicial Review, Natural Justice – Procedural Fairness 11 JR Rights under the AD(JR) Act (Cth) 1977 12 JR Rights under JR Act (Qld) 1991 13 Natural Justice Applicable To? 13 Elements of Procedural Fairness (A Fair Hearing) 15 Procedural Unfairness - Bias 17 Actual Bias 17 Apprehended Bias 17 Possible Causes of Apprehended Bias 17 Rights to Judicial Review - Illegality - Ultra Vires 18 Prerogative Powers 18 Subordinate Legislation 18 Principle of Legality as an Interpretative Principle 19 Executive Delegation 20 Ultra Vires 21 Irrelevant Considerations at Common Law 21 Failure to Consider Relevant Matters – s 5(2)(b)  5(1)(e) ADJRA (Cth), s 23(b) JR A (Qld) 22 Improper Purpose – s 5(2)(c) AD(JR) A; s 23(C) JR A 22 Bad Faith – s 5(2)(d) AD (JR) A; s 23(d) JR Act 23 Dictation – “Acting at the behest of others” 23 Unreasonableness 24 Proportionality 26 Error of Law  Prospectively Invalid 26 Fact Errors 27 The Relationship Between s 5(1)(h) ADJRA and Other Grounds of Review 27 S 5(3)(a) ADJR A 27 S 5(3)(b) AD(JR) A 27 S 5(1)(h) and S 5(3)(a)-(b) are part of same test 28 Jurisdictional Error 28 Privative Clauses

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