Administrative Law
1. WHAT IS ADMINISTRATIVE LAW?
Administrative law controls the actions of public officials. It developed to allow for decisions of travelling judges to be reviewed.
It has five basic components:
- Judicial review: review by a court of the legality of a decision;
- Merits review: review by a tribunal on the merits of a case;
- Internal review: review by the decision-maker, as required by statute;
- Ombudsman: investigation and reporting by an independent third-party; and
- Freedom of information: right to access government documents.
It involves weighing various competing interests:
- Fairness of a decision against practicality and efficiency;
- Government accountability to law against the separation of powers; and
- The rule of law against preventing ‘busybodies’ litigating.
2. COMPARISON WITH CONSTITUTIONAL LAW
Whereas constitutional law deals with the structure of each branch of government and the validity of law-making, administrative law is focused on the powers of the executive.
COMMON LAW JUDICIAL REVIEW
1. JURISDICTION OF VARIOUS COURTS
1.1. High Court
High Court has original jurisdiction in all matters in which a writ of mandamus or prohibition or an injunction is sought against an officer of the Commonwealth: s 75(v) Constitution
High Court also has jurisdiction where the Commonwealth is suing or being sued: s 75(iii)
1.2. Federal Court
Federal Court has original jurisdiction over the same matters as the High Court’s original jurisdiction under s 75(v) Constitution: s 39B Judiciary Act (Cth)
1.3. Federal Magistrates Court
Federal Magistrates Court only has judicial review jurisdiction where it is conferred by statute:
Federal Magistrates Court Act 1999 (Cth)
Federal Magistrates Court has same original jurisdiction as High Court in relation to migration decisions: s 476 Migration Act 1958 (Cth)
1.4. State and Territory Supreme Courts
State and Territory Supreme Courts may exercise federal judicial review jurisdiction. Their
Administrative law controls the actions of public officials. It developed to allow for decisions of travelling judges to be reviewed.
It has five basic components:
- Judicial review: review by a court of the legality of a decision;
- Merits review: review by a tribunal on the merits of a case;
- Internal review: review by the decision-maker, as required by statute;
- Ombudsman: investigation and reporting by an independent third-party; and
- Freedom of information: right to access government documents.
It involves weighing various competing interests:
- Fairness of a decision against practicality and efficiency;
- Government accountability to law against the separation of powers; and
- The rule of law against preventing ‘busybodies’ litigating.
2. COMPARISON WITH CONSTITUTIONAL LAW
Whereas constitutional law deals with the structure of each branch of government and the validity of law-making, administrative law is focused on the powers of the executive.
COMMON LAW JUDICIAL REVIEW
1. JURISDICTION OF VARIOUS COURTS
1.1. High Court
High Court has original jurisdiction in all matters in which a writ of mandamus or prohibition or an injunction is sought against an officer of the Commonwealth: s 75(v) Constitution
High Court also has jurisdiction where the Commonwealth is suing or being sued: s 75(iii)
1.2. Federal Court
Federal Court has original jurisdiction over the same matters as the High Court’s original jurisdiction under s 75(v) Constitution: s 39B Judiciary Act (Cth)
1.3. Federal Magistrates Court
Federal Magistrates Court only has judicial review jurisdiction where it is conferred by statute:
Federal Magistrates Court Act 1999 (Cth)
Federal Magistrates Court has same original jurisdiction as High Court in relation to migration decisions: s 476 Migration Act 1958 (Cth)
1.4. State and Territory Supreme Courts
State and Territory Supreme Courts may exercise federal judicial review jurisdiction. Their