Principles of Administrative Law, Second Edition

Synopsis

This Book Provides A Clear And Concise Account Of The Main Principles Of Administrative Law. More Than That, It Sets Those Principles In Historical, Comparative And Constitutional Perspective. Principles Of Administrative Law Guides The Reader Through The Complexities Of The Current Law And Provides An Account Of How It Developed And Where It Might Go In The Years To Come. This Book Tells Not Only What Administrative Law Is But Also What It Is About. It Explains As Well As Informs. Unlike A Traditional Textbook, Principles Of Administrative Law Offers An Uncluttered Statement Of The Essentials Of The Subject. Unlike An 'outline' Or 'introduction', However, It Uses This Statement Of The Basics As The Foundation For An Exploration Of The Law's Origins And Conceptual Foundations And Of Its Institutional And Constitutional Context. In Addition, It Covers Various Important Topics Not Found In Other Administrative Law Books For Students. It Is A Significant Addition To The Literature On Australian Administrative Law, And Meets A Real Need For A Short Book That Is Both Broad And Deep In Its Treatment Of This Increasingly Topical Area Of Law. Machine Generated Contents Note: 1. Getting Our Bearings -- 1.1. The Scope Of Administrative Law -- 1.2. Law -- 1.3. Two Approaches To Administrative Law -- 1.4. The Book's Geography -- 2. Historical And Constitutional Contexts -- 2.1. The British Heritage -- 2.2. The American Heritage -- 2.3. The Colonial Heritage -- 2.4. Federation And Onwards -- 3. The Scope Of Judicial Review -- 3.1. General Introduction To Judicial Review -- 3.2. The Nature Of The Courts' Review Jurisdiction -- 3.3. The Shifting And Complex Boundaries Of Judicial Review -- 3.4. Constitutional Sources Of Judicial Review Jurisdiction -- 3.5. Statutory Sources Of Judicial Review Jurisdiction -- 3.6. The Supervisory Jurisdiction Of State Supreme Courts -- 4. Judicial Review Remedies -- 4.1. The Common Law Remedial Model -- 4.2. The Adjr Act Remedial Model -- 4.3. The Continuing Significance Of The Common Law Remedial Model -- 4.4. Three Troublesome Distinctions -- 4.5. The Judicial Review Remedies -- 4.6. Discretion To Refuse A Remedy -- 4.7. The Idea Of Invalidity And The Importance Of Context -- 5. The Grounds Of Judicial Review -- 5.1. Introduction -- 5.2. Procedural Grounds -- 5.3. Reasoning Process Grounds: The Control Of Administrative Choice -- 5.4. Decisional Grounds -- 6. Access To Judicial Review -- 6.1. Two Approaches To Standing -- 6.2. Australian Conservation Foundation And The Special Interest Test -- 6.3. Standing And Specific Remedies -- 6.4. Towards Open Standing? -- 7. Restricting Judicial Review -- 7.1. The Constitutional Foundations Of Judicial Review -- 7.2. The Interpretation Of Privative Clauses: The General Approach -- 7.3. Privative Clauses And Politics -- 7.4. Privative Clauses And Institutional Design -- 8. Tribunals And Merits Review -- 8.1. Introduction -- 8.2. Tribunals -- 8.3. The Merits Review `system' -- 8.4. The Administrative Appeals Tribunal -- 8.5. Access To Merits Review In The Aat -- 8.6. The Basis Of Merits Review -- 8.7. Outcomes Of Merits Review -- 8.8. Two Topics For Further Reflection -- 9. Beyond Courts And Tribunals -- 9.1. Introduction -- 9.2. Internal Processes -- 9.3. Ombudsmen -- 9.4. Parliaments -- 10. Freedom Of Information -- 10.1. What Is Freedom Of Information? -- 10.2. The Value Of Information -- 10.3. A Very Short History Of Foi In Australia -- 10.4. The Main Functions Of Foi Regimes -- 10.5. What Is Information? -- 10.6. The Federal Foi Regime -- 10.7. The Relationship Between Foi And Cognate Bodies Of Law -- 10.8. Coda: Foi And Accountability -- 11. Private Law In A Public Context: Contract And Tort -- 11.1. Introduction -- 11.2. Tort -- 11.3. Contract -- 11.4. Private Law And The Regulatory Approach -- 12. Values And Effects Of Administrative Law -- 12.1. What Is Administrative Law For? -- 12.2. What Does Administrative Law Achieve?. Peter Cane, Leighton Mcdonald. Previous Ed.: 2008. Includes Bibliographical References And Index.