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Douglas and Jones's Administrative Law

Douglas and Jones's Administrative Law

8th edition

By Roger Douglas, Michael Head, Yee-Fui Ng and Margaret Hyland

CONTENTSREVIEWS

Fully updated to cover all the latest administrative law decisions, Douglas and Jones is already well established as a leading text on administrative law, a reliable book notable for its accessibility, background material and contemporary perspective. For the 8th edition, Roger Douglas is joined in authorship by Professor Michael Head, Yee-Fui Ng and Margaret Hyland, three other experienced administrative law writers and educators, in order to maintain the book’s reputation. Key parts of the book have been revamped to focus on addressing student needs, while still providing essential case extracts. It takes account of major recent shifts, such as the tribunal amalgamations, Freedom of Information developments and a range of significant High Court decisions, including on unreasonableness, procedural fairness, bias and jurisdictional error.

Major Features of the New Edition:

  • Latest Decisions: The text incorporates full analysis of the High Court’s recent decisions in Forrest & Forrest Pty Ltd v Wilson on invalidity and Graham v Minister for Immigration and Border Protection on judicial review and jurisdictional error.
  • Substantial revisions to the chapters on non-judicial review to take account of the Commonwealth tribunal amalgamations and related developments up to late 2017.
  • Comprehensive analysis of the revamped Legislation Act 2003 (Cth), dealing with delegated legislation.
  • Fully revised and updated for every major High Court administrative law case since the 7th edition, including Minister for Immigration and Border Protection v SZSSJ on procedural fairness, Maritime Union of Australia v Minister for Immigration and Border Protection on delegated legislation and Isbester v Knox City Council on bias.
  • Extracts from potentially ground-breaking High Court rulings, such as Minister for Immigration and Border Protection v WZARH on procedural fairness, Plaintiff M64/2015 v Minister for Immigration and Border Protection on relevant considerations, Wei v Minister for Immigration and Border Protection on jurisdictional error, Argos Pty Ltd v Corbell, Minister for the Environment and Sustainable Development on standing and Minister for Immigration and Citizenship v Li on unreasonableness.

CONTENTS

Preface
Acknowledgments
Table of Cases
Table of Statutes

1. Issues and Problems in Australian Administrative Law
2. The Rise (and Decline?) of Administrative Law
3. Freedom of Information and Government Secrecy
4. Understanding Decisions: Reasons, Discovery and Evidence
5. Investigating Administrative Activity: Auditors-General, Corruption Commissions and Whistleblowers
6. Investigating Administrative Conduct: The Ombudsman
7. Administrative Review on the Merits
8. Delegated Legislation
9. The Duty to Act within Powers
10. The Exercise of Discretionary Power
11. The Duty to Act for Proper Purposes and according to Relevant Considerations
12. Duties in Relation to Findings of Fact
13. Reasonableness, Rationality and Other Limitations to Administrative Decision-Making
14. The Right to Procedural Fairness: General Principles
15. The Right to be “Heard”
16. The Rule Against Bias
17. Limits to Fairness
18. The Effect of Errors on the Validity of Decisions
19. The Availability of Judicial Review
20. Judicial Remedies
21. Discretion, Timing and Outcomes
22. Standing to Seek Judicial Review

Index


REVIEWS

Reviews of previous editions:

The book is essentially a students' book of cases and materials. However it is also useful to the practitioner who does not deal with problems in administrative law on a regular basis ... The book is a good introduction to the subject and would enable a student to obtain a good basic understanding would enable the practitioner in the field to obtain a lead into what he or she would have to master to deal with the problem in administrative law that has recently landed on the desk.

(2009) 83 ALJ 774

[T]he book provides a comprehensive coverage of administrative law for students and legal practitioners, particularly with its commentary and extracts from case law and legislation and the Notes and Questions sprinkled throughout the text. It would be a useful addition to any law library.

Australian Law Librarian, Vol 18 No 1, 2010

... I can thoroughly recommend this work. It is well-written, well set out, up to date, and it gives comprehensive coverage of the subject. It is well worth the purchase. It is prepared and written by an obvious expert.

Damien J Cremean, Law Institute Journal of Victoria, October 2009

This edition introduces new excerpts from recent High Court, Federal Court and Supreme Court decisions and a section on human rights legislation in the ACT and Victoria. Even in areas where there has been no significant development in case law or legislation since the last edition, commentary has been updated to include references to recent articles and reports. The text not only states the existing law, but also foreshadows the possible future directions of development. Extracts from Australian Law Reform Commission and Administrative Review Council reports are provided, reviews and inquiries in relation to law reform are referred to and the impact of human rights legislation in the United Kingdom is noted as indicating a possible catalyst for similar developments here. The law is current to 1 November 2008.

Ethos, ACT Law Society Journal, June 2009

   

Publishing 31 May 2018
Publisher The Federation Press
Paperback/960pp
ISBN 9781760021733
Australian RRP $155.00
International Price $141.00
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Law - Administrative


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