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.
Preface
Key Words and Phrases
Abbreviations
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
Index
Reviews of previous editions:
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
Administrative law is often regarded as a difficult area to understand because it is concerned with the exercise of power. In 2005 Michael Head wrote Administrative Law: Context and critique and it was warmly received as providing a concise overview of the relevant principles and processes. It stood out in the crowded marketplace for being easy to understand yet comprehensive. … The third edition maintains these distinctive qualities. … Administrative Law: Context and critique will retain its place as a useful starting point for those embarking on the study of law with respect to administrative activities.
Christopher Brien, Victoria University, InPrint LIJ, March 2013
[The author has a] strong commitment to the context, history, and evolution of administrative law. Too often, books which are intended for students dispense with history in chapter one, before turning exclusive focus over to “the law” as it is presently understood. The author does well to resist this temptation. Head abandons the typical temporal disconnect between past law and current law, preferring instead to treat it as a process of evolution. In doing this, the author goes to some lengths to capture and retain the reader’s interest in the subject matter, punctuating topics of law with quotes and interesting asides, delivering concise summaries of the law while prodding students to think laterally about the subject matter. Read full review …
Daniel Maggacis, Fourth year law student, University of Queensland, 216 University of Queensland Law Journal 2013
