Constant changes in administrative law and shifting political winds reinforce the need for an up-to-date volume that critically examines the law in its contemporary, as well as historical, context.
This fifth edition fully updates the law to examine recent High Court and other superior court decisions, particularly those relating to unreasonableness, sub-delegation, bias, jurisdictional error and government liability for damages in tort, including for misfeasance in public office.
These developments highlight the ever-evolving shape of administrative law. They underscore a central argument of this book – the necessity to examine the content and trajectory of administrative law in its political, administrative and socio-economic settings.
Key Words and Phrases
Table of Cases
Table of Statutes
1 What is Administrative Law?
2 How to Approach Administrative Law
3 The Constitutional and Legal Framework
4 Where to Begin? Non-Judicial Review of Administrative Action
5 Other Avenues of Review: The Ombudsman, Freedom of Information and the Right to Reasons
6 Delegated Legislation and Statutory Interpretation
7 Introduction to Judicial Review: Jurisdiction, Justiciability and Standing
8 “Simple” Ultra Vires: Decisions Made Beyond Power
9 “Extended” Ultra Vires: Abuse of Power
10 “Extended” Ultra Vires: Refusal to Exercise a Discretion
11 Procedural Fairness (Natural Justice)
12 The Content of the Hearing Rule
13 The Bias Rule, Reasons and Probative Evidence
14 Substantive Fairness? Estoppel: Undertakings Regarding the Future Exercise of Power
15 Jurisdictional Errors and Ouster Clauses
16 The Final Hurdle! Judicial Remedies and the ADJR Act
17 A Brief Overview and Exam Advice
Case Study 1: The Release of the 1975 “Palace Letters”
Case Study 2: The Removal of the Kosovar Refugees
The fourth edition of this book comes 12 years after the first. Unsurprisingly,
it contains updates and reviews of
the many legislative changes and judicial rulings, as well as of altered
AAT arrangements, that have taken place since its 2012 predecessor. Head identifies High Court administrative
law decisions where he says political considerations have been candidly applied; limits have been imposed on the use of ministerial determinations; a less restrictive approach to Wednesbury unreasonableness has been adopted; the employment of “legitimate expectations” language has been abandoned; and the requirements of procedural fairness have been narrowed in recent years.
The distinctive element of the book
is its self-proclaimed “critical, inquiring and rigorous eye” and its inclination to place administrative law “in context”. Head argues that it is refashioned continuously by economic and financial interests, political assumptions and official expediency, instancing decisions such as those dealing with Haneef, the Mutitjulu Aboriginal Community and the “Malaysian Solution”. Head’s analysis of the evolution of administrative law goes beyond being a black-letter exegesis and is more a book which enables a reader to understand at a sophisticated level the undercurrents that shape and reshape how government decisions are held to account by the courts.
Ian Freckelton QC, InPrint, Law Institute Journal Victoria, March 2018