Overview
This course examines the legal control of public administration and the relationship between governmental power, individual rights, and institutional accountability. It addresses constitutional foundations, separation of powers, the rule of law, legality, jurisdiction, statutory powers, delegated legislation, and the roles of public bodies, tribunals, regulators, and officials exercising discretionary authority.
Students analyse the grounds and procedures of judicial review, including illegality, ultra vires, improper purpose, relevant and irrelevant considerations, fettering discretion, error of law, bad faith, irrationality, proportionality where applicable, procedural fairness, legitimate expectation, and breach of statutory duty. Procedural topics include notice, hearings, disclosure, bias, impartiality, reasons, consultation, urgency, and the consequences of procedural defects.
The course considers remedies and litigation strategy, including quashing orders, prohibition, mandamus, declarations, injunctions, damages, and constitutional or human-rights remedies. It also addresses standing, ripeness, exhaustion of alternative remedies, delay, justiciability, privative and ouster clauses, national security, emergency powers, public contracts, and review of discretionary decisions. Students develop structured judicial review arguments through case analysis, legal research, written advice, and practical advocacy.
Learning Outcomes
- Identify administrative decisions and exercises of public power that are amenable to judicial review.
- Distinguish merits review from legality review and explain the constitutional limits of judicial intervention.
- Analyse statutory powers, delegated legislation, jurisdictional questions, and the effect of privative or ouster clauses.
- Apply principles of procedural fairness to problems involving notice, hearings, disclosure, bias, reasons, consultation, urgency, and legitimate expectation.
- Evaluate the appropriate intensity of review, including proportionality, rationality, relevant considerations, and error of law.
- Assess the significance of national security, emergency powers, public contracts, and justiciability in administrative law litigation.
- Advise on standing, ripeness, exhaustion, delay, available remedies, and litigation strategy.
- Draft a structured judicial review argument supported by authoritative legislation, case law, and legal reasoning.
Timetable
| Type | Length | Frequency | Period |
|---|---|---|---|
| Lecture | 2 hours | Weekly | All semester |
| Tutorial | 1 hour | Weekly | All semester |
| Workshop | 2 hours | Fortnightly | All semester |
| Practicum | 2 hours | Fortnightly | Second term |
Assessment Schedule
| Type | Description | Weighting |
|---|---|---|
| Assignment | Case analysis assignment | 20.00% |
| Assignment | Judicial review problem assignment | 25.00% |
| Tutorial | Tutorial participation and preparation | 10.00% |
| Test | Practical advocacy test | 15.00% |
| Exam | Final examination | 30.00% |
Prerequisites
Teaching Staff & Programs
This course is delivered jointly by faculty from the participating programs listed below. In line with the Douchewater Way, the University of Sexology tailors core instruction directly to each cohort's specific discipline — adapting curriculum to program needs rather than forcing students into a one-size-fits-all model. Learn more about our approach at The Douchewater Way.
