LAWPUBL 414 : Administrative Law

Law

2024 Semester Two (1245) (15 POINTS)

Course Prescription

A study of the general principles of judicial review of administrative action, including the ultra vires principle, the substantive and procedural restraints on the exercise of public power, and the remedies available for breach of these principles.

Course Overview

This course is devoted to the study of Administrative Law - one of the main aspects of Public Law. The focus is on judicial review of administrative action, but this is set in the context of broader Administrative Law and Administrative Justice.
The course will:
1. Reinforce your understanding of the basic features of Judicial Review studied in the Part II Public Law course.
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.

Course Requirements

Prerequisite: LAW 201, 211, 231, 241 Restriction: LAW 402, 440, LAWPUBL 401, 426

Capabilities Developed in this Course

Capability 1: People and Place
Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 8: Ethics and Professionalism
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Examine and critically analyse the law of Judicial Review (its availability, the grounds and the remedies) by applying it to analyse and solve hypothetical problems. (Capability 1.1, 3.2, 4.1 and 5.1)
  2. Evaluate and discuss the theoretical, normative and political underpinnings of Judicial Review (Capability 1.1, 1.2, 3.1, 4.2, 5.1 and 8.1)
  3. Critically engage with the current debates about the availability and scope of Judicial Review (Capability 3.1, 4.2, 5.1, 6.1 and 8.1)
  4. Demonstrate 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. (Capability 1.2, 2.1, 3.1, 5.1 and 8.1)
  5. Read and analyse a range of legal materials (cases, and also articles and legislation), so as to comprehend relevant themes, principles and doctrines (Capability 3.2)
  6. Independently research, analyse, and communicate how those principles and concepts apply to a hypothetical scenario with a view to providing cogent and practical legal advice. (Capability 3.2, 4.1, 4.2 and 6.1)

Assessments

Assessment Type Percentage Classification
Opinion 30% Individual Coursework
Essay 20% Individual Coursework
Final Exam 50% Individual Examination
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6
Opinion
Essay
Final Exam
There are three types of assessment in this course:

- A legal opinion (30%) which will require you to provide legal advice to a client (or clients) regarding the availability of Judicial Review and/or the prospects of success of such proceedings. It will focus on the traditional entry-points and grounds of Judicial Review and will require independent research;

- An essay (20%) relating to a topic (or topics) on the limits of (and alternatives to) Judicial Review; and

- A final examination (50%) which will assess your capacity in all aspects of the course.

Workload Expectations

This is a standard 15-point course.  The guideline for the total workload for this course is 150 hours including class attendance.

Delivery Mode

Campus Experience

Attendance is expected at scheduled activities including lectures.
Lectures will be available as recordings.
Attendance on campus is required for the exam.
The activities for the course are scheduled as a standard weekly timetable.

Learning 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.

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.

Feedback from the last time LAWPUBL401 was taught has been taken into account.

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 for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

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 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.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

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 students may be asked to submit 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. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 27/06/2024 11:13 a.m.