Administrative Law

Administrative Law

By Michael Head Tomas Karkauskas research

Michael Head • Head is an Associate Professor at UWS, having previously taught law at LaTrobe, Adelaide and ANU. His teaching and research interests lie in Jurisprudence, Administrative Law, Refugee and Immigration Law and Law Foundation (Law and Society). • He publishes articles regularly in the fields of socialist legal theory, civil liberties and refugee law. Dr Head is author of Evgeny Pashukanis: A Critical Re-appraisal (Routledge-Cavendish, 2007) and co-author, with Dr Scott Mann, of Law in Perspective: Ethics, Society and Critical Thinking (UNSW Press, 2005).

“Administrative Law” Dr Head is an author of the many difrent books. This is one of his publication. It is a 2nd edition of a Administrative Law, releast in 2008.

Review: Michael Head provides a clear and concise statement of administrative law. He explains and includes pithy and critical summaries of the main cases. His commentary goes further and puts this detailed legal analysis into the political, social and judicial context in wich administrative law operates.

Dr Head reviews • Michael Head reviews administrative law with a keen critical eye to its historical, political, economic, social and governmental context. He combines clear and concise exposition of legislation, rules and principles; pithy and critical summaries of main cases; and commentary that takes readers beyond the strict legalities to gain a feel for the social fabric, political dynamics, judicial schisms and evolution of the law.

What is administrative law?

Wherever there is a man who exercises authority, there is a man who resists authority! Oscar Wilde, “The Soul of Man Under Socialism”

What is administrative law? • Administrative law is about challenging official power. Hence, it is, by definition, strongly influenced by political considerations. Administrative law is concerned with defining the powers of the state, as well as protecting, or limiting, the rights and liberties of citizens. As such, it is a constant battleground. It is therefore vital never to assume that a government or official agency has the legal authority to do what it has purported to do. Decision-making needs to be approached with a critical eye; this book is about equipping and encouraging the reader in this endeavour.

Administrative law • Administrative law is primarily an area of public law that regulates the relationship between the citizen and the state. This is wider than ensuring that an administrative body acts within the law. It involves understanding the way governments operate, the nature of the administrative power and process, the function of those who participate in it, and the practices, procedures, manuals, guidelines and other internal policies or rules which may influence the way they behave. It also requires a keen sensitivity to various ways in which commercial, economic and political pressures impact on governments, administrators, tribunals and courts.

Difficultys • One of the problems experienced by teachers of administrative law is that many students have difficulty conceptualising its scope and character. What exactly is administrative law? How does it fit in with other areas of law? Where are the boundary lines? What, if anything, is unique about administrative law? These are just some of the questions that students ask and often have difficulty clarifying to their satisfaction. • Administrative law is usually presented as a branch of public law.

• From the author's experience, understanding the scope of administrative law is enhanced by placing it in its historical, political and socio economic context, as well as its constitutional, institutional, bureaucratic and policy settings. Through no fault of their own, students may have a limited understanding of the existing political order and its constitutional underpinnings, let alone the vast bureaucratic undergrowth at federal. State and local government levels.

The Relevance of Administrative Law • Administrative law is today a compulsory part of university law courses for good reason. Over the past 40 years, it has become one of the most active, far-reaching areas of law, affecting the rights of individuals, the public as a whole and businesses vis-a-vis the government, the administrative bureaucracy and an array of official and semi-official agencies. For some commentators, it is at the cutting edge of the defence of democratic rights against the state. For others, it chiefly protects business and property interests. On either front, it can be in the front line of protecting basic rights and entitlements against the government.

Coclusion In tact, the reader will discover that administrative law has become one of the most topical areas of law. A general knowledge of the basic concepts of administrative law, as provided by this book, is essential, whether you practise law or work in government, the media, business, politics, the labour movement or community service. This book aims to make this vital area of law as understandable, accessible and interesting as possible. Sometimes, as explained in the Preface, it can even be humorous.

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