Book contents
- Frontmatter
- Contents
- Foreword
- Preface
- About the contributors
- Table of cases
- Table of statutes
- 1 Australian administrative law: The constitutional and legal matrix
- 2 Administrative law in Australia: Themes and values
- 3 The public/private distinction in Australian administrative law
- 4 Australian administrative law: The human rights dimension
- 5 Administrative tribunals
- 6 Australian Ombudsman: A continual work in progress
- 7 Freedom of information
- 8 Delegated legislation
- 9 The concept of ‘justiciability’ in administrative law
- 10 Standing
- 11 Reasons for administrative decisions: Legal framework and reform
- 12 Relevant and irrelevant considerations
- 13 Improper purpose
- 14 Reasonableness, rationality and proportionality
- 15 The ‘no evidence’ rule
- 16 Failure to exercise discretion or perform duties
- 17 Procedural fairness: The hearing rule
- 18 The doctrine of substantive unfairness and the review of substantive legitimate expectations
- 19 The impact and significance of Teoh and Lam
- 20 The rule against bias
- 21 Jurisdictional error without the tears
- 22 Privative clauses and the limits of the law
- 23 Administrative law judicial remedies
- Endnotes
- Index
Preface
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Foreword
- Preface
- About the contributors
- Table of cases
- Table of statutes
- 1 Australian administrative law: The constitutional and legal matrix
- 2 Administrative law in Australia: Themes and values
- 3 The public/private distinction in Australian administrative law
- 4 Australian administrative law: The human rights dimension
- 5 Administrative tribunals
- 6 Australian Ombudsman: A continual work in progress
- 7 Freedom of information
- 8 Delegated legislation
- 9 The concept of ‘justiciability’ in administrative law
- 10 Standing
- 11 Reasons for administrative decisions: Legal framework and reform
- 12 Relevant and irrelevant considerations
- 13 Improper purpose
- 14 Reasonableness, rationality and proportionality
- 15 The ‘no evidence’ rule
- 16 Failure to exercise discretion or perform duties
- 17 Procedural fairness: The hearing rule
- 18 The doctrine of substantive unfairness and the review of substantive legitimate expectations
- 19 The impact and significance of Teoh and Lam
- 20 The rule against bias
- 21 Jurisdictional error without the tears
- 22 Privative clauses and the limits of the law
- 23 Administrative law judicial remedies
- Endnotes
- Index
Summary
The development of administrative law is a prominent feature of the Australian legal landscape. The importance of this subject is highlighted by the fact that it is stipulated as a ‘core’ subject in the syllabi of many, if not most, law schools. One needs only to peruse the cases reported in the main law reports to appreciate its significance as a large area of legal practice.
In this volume of essays, the contributors examine a number of fundamental topics of practical and doctrinal importance. The contributors (who are drawn from academia, the judiciary and the legal profession) have sought to provide a lucid exposition of the relevant case law and principles and explore the doctrinal dimensions and theoretical underpinnings of those principles.
We hope this volume will be of great relevance and value to tertiary courses in Australian administrative law, the Australian legal system and government. As it will be concerned not only with the lucid exposition of the principles, but also with the scholarly exploration of doctrines and theories underpinning the subject, we expect that the volume will be of great interest to tertiary students, members of the judiciary, practitioners and legal academics.
We wish to record our gratitude to a number of persons who assisted us greatly in bringing this book to fruition. First and foremost we are extremely indebted to Enid Campbell, Emeritus Professor at Monash University and the undoubted doyenne of public law in Australia.
- Type
- Chapter
- Information
- Australian Administrative LawFundamentals, Principles and Doctrines, pp. ix - xPublisher: Cambridge University PressPrint publication year: 2007