electiveHQ

Judicial review is the individual's remedy for the correction of llegal action by public agencies or officers. Judicial review is also one of the most common legal processes in the superior courts. The remedy by way of judicial review is available only where the agency commits one from a catalogue of recognised varieties of legal mal-administration. Breach of one of these doctrines renders administrative action unlawful (or ultra vires). There are nine principal categories: (i) bias, (ii) disregard of fair procedures, (iii) breach of legitimate expectations, (iv) unlawful delegation, (v) error of fact, (vi) lack of proportionality, (vii) fettering of the decision making function, (viii) error of law, and (ix) abuse of public power (acting for an improper purpose, bad faith, inequaliy). This module is concerned with the study of these nine doctrines. The module will also cover the theoretical basis of administrative law, political versus legal controls on the administration, general principles of judicial review, jurisdiction and the ultra vires doctrine. The course of lectures is supplemented by two seminar cycles.