- Administrative Law Summary Notes!

What's in the Administrative Law Summary Notes?

Our Administrative Law Summary Notes provide a clear and complete synthesis of the most important points you need for your Administrative Law exam. The table of contents is shown below.

Preview the Administrative Law Summary Notes

First Year Subjects:

Contract Law Notes, Criminal Law Notes, Legal Professional Conduct Notes

Second Year Subjects:

Property Law Notes, Administrative Law Notes, Business Associations Law Notes

Third Year Subjects:

Litigation (Civil Procedure) Law Notes, Litigation (Criminal Procedure) Law Notes, Evidence Law Notes, Federal Constitutional Law Notes

Elective Subjects:

Commercial Law Notes, Intellectual Property Law Notes, Legal and Social Theory Notes

Table of Contents for Administrative Law Summary Notes

1. Introduction

A. How to use Cram Notes

B. Abbreviations

2. What Power was exercised in making the Decision?

A. Statutory Power

i. Sub‑ordinate / Delegated Legislation

1) Justifications for delegating

2) Disadvantages of delegating

ii. Statutory Power and Statutory Interpretation

1) Literal or purposive approach?

2) Judicial presumptions

B. Executive Power

i. Constraints on Executive power

ii. Difference between Legislative and Executive power

iii. Presumption of Regularity

iv. Policy

3. Challenging the Legality of Sub‑Ordinate Legislation

A. Test of Invalidity

B. Means/Ends distinction

C. Reasonably proportionate to the end to be achieved?

D. Reasonableness

E. Have procedural requirements been followed?

i. Legislative Instrument

ii. Has it been registered?

iii. Has it been tabled in the correct manner?

iv. Has it been disallowed and remade?

v. Has consultation been undertaken?

4. Requesting Reasons for Decision and Freedom of Information

A. Reasons for the decision

i. Common law right?

ii. Statutory duty

1) ADJR Act

2) AAT Act

B. Freedom of Information

i. Definitions

ii. Right of Access

iii. Refusal of Access

iv. Exempt Documents

v. Deletion of Exempt or Irrelevant material

vi. Power of the AAT

5. Judicial Review Grounds

A. Jurisdictional Error

B. Procedural Fairness

C. Relevant / Irrelevant Considerations

D. Improper Purpose

E. Unreasonableness

F. No Evidence

G. Error of Law on the Face of the Record

H. Fraud / Bad Faith

6. Remedies

A. Prerogative Writs (Certiorari, Mandamus, Prohibition)

B. Declarations

C. Injunctions

D. Damages (limited availability)

7. Tribunals and Merits Review

A. Administrative Appeals Tribunal (AAT)

B. Scope of Merits Review

C. Relationship with Judicial Review

8. Constitutional Issues

A. Separation of Powers

B. Chapter III Courts

C. Limits on Judicial Power

D. Limits on Executive Power

9. Additional Topics

A. Standing

B. Justiciability

C. Remedies in Constitutional Context

10. Conclusion

A. Summary of Key Principles

B. Exam Tips for Administrative Law