Advanced Administrative Law

In the Australian constitutional order public power is exercised predominantly through the administrative apparatus of the executive branch of government. By building an enormous institutional network for rule-making, decision-making and implementation of policy, the Australian state has sought to meet the demands of its people for security, prosperity and welfare. Despite its centrality, however, the executive branch is elusive. Its forms and modalities are diverse, fluid and, sometimes, opaque. Administrative law – that is, the body of law that constitutes and regulates administrative power – can contribute to the ‘rule of law’ ideal by requiring that the forms and modes of administrative power that underpin the ‘administrative state’ be legally authorised and subject to appropriate legal forms of accountability. Given the changing institutional forms and modes through which the administrative state operates it is unsurprising that the development of administrative law in Australia continues to generate fascinating practical, doctrinal, institutional, and theoretical challenges. In thinking about these challenges, it is important to comprehend both (1) the values underpinning administrative law (including the rule of law ideal) and (2) the practical necessity of an administrative apparatus and state capacity for the implementation of policies developed through electoral processes. This course will illuminate and interrogate Australian Administrative law’s continuing attempts to realise its ambitions and, thereby, generate a deeper understanding of the law and the contemporary challenges it faces. The syllabus of the course may be organised by reference to a particular theme or through a selection of topics of practical and scholarly significance. Where appropriate reference may be made to other disciples (eg, history, legal and political theory, and empirical social sciences). To develop their knowledge and skills, students will engage in a range of learning activities, including interactive seminars which give students the opportunity to develop their oral communication skills. The course is also designed to advance and develop research and writing skills.