Principles of Administrative Law 3th edition by Peter Cane, Leighton McDonald – Ebook PDF Instand Download/DeliveryISBN: 019030524X, 9780190305246
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ISBN-10 : 019030524X
ISBN-13 : 9780190305246
Author: Peter Cane, Leighton McDonald
Principles of Administrative Law is a comprehensive and clear account of administrative law in Australia. It guides the reader through the complexities of the current law, paying attention to the law’s historical development, its constitutional setting and institutional structure, and the patterns of governance in contemporary Australia. Drawing upon legal theory and empirical legal research, the text sets out the essentials of the subject while exploring the law’s conceptual foundations and underlying principles. In this way it invites students to engage with the interpretations of the law provided and to reflect upon the extent to which the law makes a contribution to the legitimacy of government in the Australian ‘administrative state’. Now in its third edition, Principles of Administrative Law is a significant contribution to the literature on Australian administrative law, and meets a real need for a concise text that offers a sophisticated treatment of this topical and important core subject. To get the most from this text, read it in conjunction with Cases for Principles of Administrative Law.
Principles of Administrative Law 3th Table of contents:
1 Why Does Administrative Law Matter?
1.1 Introduction
1.2 Some key ideas
1.3 Some history
1.4 Looking ahead
1.5 Structure of the book
2 Navigating Australia’s Multiple Provisions for Judicial Review
2.1 Introduction to judicial review chapters
2.2 Defining judicial review
2.3 Judicial review as a process to enforce legality
2.4 Two remedial models at general law
2.5 Federal distribution of review authority
2.6 Provisions for review of state executive action
2.7 Provisions for review of Commonwealth executive action
3 The Scope of Judicial Review
3.1 Introduction
3.2 A constitutional mandate for judicial review of executive ‘powers over rights’
3.3 ‘Power over rights’ as an enabling basis for judicial review
3.4 Review beyond ‘powers over rights’: puzzles and prospects
3.5 Non-justiciability
4 Judicial Review Remedies and the Consequences of Legal Error
4.1 Introduction
4.2 Remedies available in judicial review
4.3 Discretion to refuse a remedy
4.4 Crown immunity
4.5 Remedies for jurisdictional and non-jurisdictional errors
4.6 Identifying jurisdictional errors
4.7 Consequences of invalidity: the importance of context
5 Administrative Law Norms (aka the Grounds of Review)
5.1 Introduction
5.2 Norms of procedural fairness
5.3 Administrative law norms and the ‘reasoning’ process
5.4 Administrative law norms and the ‘law/fact’ distinction
5.5 The norms of legal reasonableness
5.6 Administrative law norms and human rights norms
5.7 Thinking about administrative law norms
6 Access to Judicial Review
6.1 Introducing standing
6.2 Australian Conservation Foundation and the ‘special interest’ test
6.3 Two models of standing
6.4 The development of standing post-ACF
6.5 Standing and specific remedies
6.6 Open standing?
6.7 The constitutional context of standing
7 Legislative Restrictions on Judicial Review of Executive Action
7.1 Introduction
7.2 The Constitution’s guarantees of judicial review
7.3 The Constitution and ouster clauses
7.4 The Constitution and laws that regulate entrenched review
7.5 The Constitution and legislation that expands decision-making authority
7.6 Unresolved questions about the scope of entrenched review
7.7 Privative clauses and politics
7.8 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 The ‘normative’ function of the AAT
9 Beyond Courts and Tribunals
9.1 Introduction
9.2 Internal processes
9.3 Ombuds
9.4 Parliaments and accountability
10 Delegated Legislation
10.1. Introduction
10.2. Primary legislation versus delegated legislation
10.3. Why delegated legislation?
10.4. Delegated legislation: political accountability
10.5. Delegated legislation: legal accountability
10.6. Delegated legislation in its contemporary constitutional context
11 Freedom of Information
11.1 What is freedom of information?
11.2 The value of information
11.3 A very short history of FOI in Australia
11.4 FOI: the basics
11.5 What is information?
11.6 The federal FOI regime: key features
11.7 Exemptions
11.8 The relationship between FOI and cognate bodies of law
11.9 Coda: FOI and accountability
12 Values and Effects of Administrative Law
12.1 Introduction
12.2 What is administrative law for?
12.3 What does administrative law achieve?
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