Indicative list of principal topics: MELBOURNE
Indicative Principal Topics in Administrative Law (Commonly in MELBOURNE or Other Law Syllabi)
I’ll cover the following five principal topics with detailed explanations and key case laws:
Rule of Law and Administrative Law
Delegated Legislation
Judicial Review: Grounds and Procedures
Natural Justice and Procedural Fairness
Ouster Clauses and Limits to Judicial Review
1. Rule of Law and Administrative Law
Explanation:
The Rule of Law is the foundation of administrative law, ensuring that government actions are lawful, predictable, and subject to control by law.
Key Case: A.V. Dicey’s Principles (no single case, but foundational)
Dicey outlined that no one is above the law and that administrative discretion is subject to legal limits.
2. Delegated Legislation
Explanation:
Legislatures delegate law-making powers to administrative agencies or officials through enabling statutes. Delegated legislation includes rules, regulations, bylaws, etc.
Key Case: R. v. Home Secretary, ex parte Fire Brigades Union (1995)
Facts:
The Home Secretary promised to implement a compensation scheme but later decided not to proceed.
Issue:
Whether the Home Secretary was bound by the promise despite statutory discretion.
Held:
The House of Lords ruled that the Home Secretary’s discretion must be exercised lawfully and fairly, reinforcing limits on delegated power.
Significance:
It confirmed that delegated legislation or administrative actions must comply with statutory intent and fairness.
3. Judicial Review: Grounds and Procedures
Explanation:
Judicial review allows courts to supervise administrative decisions to ensure legality, fairness, and rationality.
Key Case: Associated Provincial Picture Houses Ltd. v. Wednesbury Corporation (1948)
Facts:
Wednesbury Corporation imposed a condition on cinema operation, challenged as unreasonable.
Issue:
Standard of unreasonableness for judicial review.
Held:
Court ruled that only decisions so unreasonable that no reasonable authority could have made them would be overturned (“Wednesbury unreasonableness”).
Significance:
This set the foundational standard for reviewing administrative decisions for irrationality.
4. Natural Justice and Procedural Fairness
Explanation:
Natural justice requires fair procedures: the right to a fair hearing (audi alteram partem) and the absence of bias (nemo judex in causa sua).
Key Case: Ridge v. Baldwin (1964)
Facts:
Police officer dismissed without a hearing.
Issue:
Whether procedural fairness was required before dismissal.
Held:
House of Lords ruled dismissal without hearing was unlawful, emphasizing procedural fairness.
Significance:
It established procedural fairness as a fundamental principle of administrative law.
5. Ouster Clauses and Limits to Judicial Review
Explanation:
Governments sometimes try to exclude judicial review by enacting ouster clauses. Courts generally construe these narrowly.
Key Case: Anisminic Ltd. v. Foreign Compensation Commission (1969)
Facts:
Anisminic’s claim was rejected by a tribunal with an ouster clause preventing judicial review.
Issue:
Whether the ouster clause barred court scrutiny.
Held:
The House of Lords held that errors of law made by tribunals render decisions null and void, allowing courts to intervene despite ouster clauses.
Significance:
This case limited the effectiveness of ouster clauses, preserving judicial review.
Summary Table of Cases and Topics
| Topic | Case | Principle Established |
|---|---|---|
| Rule of Law | Dicey’s Principles (theoretical) | Law controls government actions |
| Delegated Legislation | Fire Brigades Union (1995) | Limits on delegated discretion |
| Judicial Review | Wednesbury (1948) | Standard of reasonableness in review |
| Natural Justice | Ridge v. Baldwin (1964) | Right to fair hearing |
| Ouster Clauses | Anisminic (1969) | Judicial review cannot be ousted by clauses |
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