LAWPUBL 401 : Administrative Law
Law
2020 Semester One (1203) (20 POINTS)
Course Prescription
Course Overview
2. Cover the availability of Judicial Review, the grounds and the remedies in much greater detail than in the Part II Public Law course.
3. Introduce the theoretical, normative and political underpinnings of Judicial Review, and invite you to critically engage with the current debates about the availability and scope of Judicial Review.
4. Give you an awareness of Administrative Law as a wider set of standards, a broader range of avenues of redress, and a field of study involving a range of different perspectives.
JUDICIAL REVIEW – MAIN FEATURES
AVAILABILITY OF REVIEW
L3–5 Reviewability: justiciability; public nature; the statutory procedure
TRADITIONAL PROCEDURAL GROUNDS OF REVIEW
L6–8 Right to a hearing
L9 Rule against bias; Right to reasons?
TRADITIONAL SUBSTANTIVE GROUNDS OF REVIEW
Illegality
L10 Delegation, dictation and fettering
L11–12 Improper purpose / irrelevant considerations & mandatory considerations
Irrationality
L12 Traditional Wednesbury unreasonableness
REMEDIES
L13 Nature of remedies; Discretion as to remedies;
Theories as to the consequences of invalidity;
Particular issues: collateral challenges; curing unfairness
WIDER ADMINISTRATIVE LAW
ALTERNATIVE PERSPECTIVES & NON-JUDICIAL AVENUES
L14–15 Administrative Justice; Alternative Avenues (Parliament; Ombudsman; Tribunals and other complaints procedures, internal and external
JUDICIAL REVIEW – EXPANSION & LIMITS
SCOPE AND INTENSITY OF REVIEW FOR ERROR OF LAW: ISSUES
L16 Demise of the jurisdictional doctrine and drawing the line
L17 Ouster clauses and Alternative Approaches
MODERN EXTENSIONS OF SUBSTANTIVE GROUNDS
L18–20 Judicial review and rights: international law, common law, Bill of Rights
L21 Beyond rights: varying intensity review & proportionality
L22 Substantive legitimate expectations
L23 Mistake of fact
L24 FINAL OVERVIEW AND EVALUATION
Capabilities Developed in this Course
Capability 1: | Disciplinary Knowledge and Practice |
Capability 2: | Critical Thinking |
Capability 3: | Solution Seeking |
Capability 4: | Communication and Engagement |
Capability 5: | Independence and Integrity |
Capability 6: | Social and Environmental Responsibilities |
Learning Outcomes
- Demonstrate understanding of the law of Judicial Review (its availability, the grounds and the remedies) by applying it to analyse and solve hypothetical problems. (Capability 1.1, 1.2, 1.3, 2.1, 2.3, 3.1, 3.2, 3.3, 4.1, 5.1 and 5.2)
- Demonstrate an understanding of the theoretical, normative and political underpinnings of Judicial Review (Capability 1.1, 2.1, 2.2, 3.3, 5.1, 5.2, 6.2 and 6.3)
- Critically engage with the current debates about the availability and scope of Judicial Review (Capability 1.1, 2.1, 2.2, 2.3, 3.1, 3.3, 4.1, 4.2, 5.1, 6.2 and 6.3)
- Demonstrate awareness and understanding of Administrative Law as a wider set of standards, a broader range of avenues of redress, and a field of study involving a range of different perspectives. (Capability 1.1, 2.1, 2.2, 3.1, 3.3, 4.1, 4.2, 5.1, 5.2, 6.2 and 6.3)
- Demonstrate ability to read and analyse a range of legal materials (cases, and also articles and legislation), so as to comprehend relevant themes, principles and doctrines (Capability 1.2 and 5.2)
- Communicate principles, concepts and arguments both orally and in writing (Capability 4.1 and 4.2)
Assessments
Assessment Type | Percentage | Classification |
---|---|---|
Short opinion | 30% | Individual Coursework |
Final Exam | 45% | Individual Examination |
Essay | 25% | Individual Coursework |
Early feedback by in-class Kahoot test | 0% | Individual Coursework |
4 types | 100% |
Assessment Type | Learning Outcome Addressed | |||||||||
---|---|---|---|---|---|---|---|---|---|---|
1 | 2 | 3 | 4 | 5 | 6 | |||||
Short opinion | ||||||||||
Final Exam | ||||||||||
Essay | ||||||||||
Early feedback by in-class Kahoot test |
Learning Resources
Workload Expectations
Digital Resources
Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).
Please remember that the recording of any class on a personal device requires the permission of the instructor.
Academic Integrity
The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed against online source material using computerised detection mechanisms.
Inclusive Learning
All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.
Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website at http://disability.auckland.ac.nz
Special Circumstances
If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.
If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page: https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.
This should be done as soon as possible and no later than seven days after the affected test or exam date.
Student Feedback
At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.
Your feedback helps teachers to improve the course and its delivery for future students.
Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.
Student Charter and Responsibilities
The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter (https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html).
Disclaimer
Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.
In this course you may be asked to submit your coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. The final decision on the completion mode for a test or examination, and remote invigilation arrangements where applicable, will be advised to students at least 10 days prior to the scheduled date of the assessment, or in the case of an examination when the examination timetable is published.