E LAW - MURDOCH UNIVERSITY ELECTRONIC JOURNAL OF LAW ISSN 1321-8247 Volume 4 Number 2 (June 1997) Copyright E Law and/or authors File: buti42.txt ftp://www.murdoch.edu.au/pub/elaw/issues/v4n2/buti42.txt http://www.murdoch.edu.au/elaw/issues/v4n2/buti42.html ________________________________________________________________________ Review of Susan Streets, "Administrative Law" (1997) Tony Buti Lecturer in Law, Murdoch University 1. Administrative law, which lays down legal controls to regulate the relationship between state agencies and citizens, is an ever increasing area of law. The student of administrative law has to master the legal framework that governments must operate in, the structure and dynamics of administrative processes and numerous internal procedures and policies. These tasks, for the first time student are assisted by Administrative Law. 2. Administrative Law deals primarily with Commonwealth administrative law. However, the Victorian administrative scheme is examined to a limited extent. Administrative Law is divided into five parts and a useful if limited glossary. Each part, which is divided into a number of chapters, covers one topic. Each chapter has a number of distinctive sections: introduction; objectives; questions; reading and questions; and sometimes additional activity suggestions - for example 'write a summary of the circumstances in which you think judicial review of an exercise of a prerogative power will be undertaken' (at 27 ), plus review questions and further readings. 3. Part I begins with an overview of the book. The first sentence warns students that '[t]he study of administrative law is frequently considered by students to be a difficult one both conceptually and in terms of the amount of material which needs to be digested' (at 1). The introductory mode is continued in chapter 1. This chapter deals with an overview of administrative law, its historical framework and development, modern trends and its nature and characteristics. The overview of administrative law is developed further in chapter 2. This chapter studies the sources of administrative power and duties, the common law constraints on the exercise of those powers and the players within the administrative system. 4. Part II contains only one chapter. It addresses the issues of legislative granting power. Delegated legislation such as regulations, by - laws, ordinances, rules, orders, declarations and directions are considered, as is the methods and mechanisms for controlling and scrutinising law making power granted to delegates. 5. Nearly half of Administrative Law is consumed in Part III - 'Judicial Review of Administrative Decision - Making.' This is not surprising as most university administrative law courses place great emphasis on grounds of judicial review. Consideration is given to possible judicial challenges to administrators' decisions, 'their conduct prior to making a decision, or in some situations a refusal to make a decision (at 71). The terms, principles and rules examined in the five chapters (chapters 4 - 9) that make up Part III include nature justice/procedural fairness, ultra vires, jurisdictional error and error of law in the face of the record, ousting of judicial jurisdiction by the executive arm of governments, common law and statutory remedies, standing and appropriate forum to seek relief. 6. The penultimate part (Part IV) and chapter (Chapter 10) of Administrative Law deals with extra - judicial review of administrative decisions. This is the domain of administrative appeals tribunals and investigatory bodies such as the ombudsman (Commonwealth and Victoria). Although Part IV is confined to a single chapter, its importance is noted. Street's comments on the accessibility and effectiveness of administrative tribunals as a remedy (at 187). 7. Access to information is considered in the final part (Part V) and chapter (Chapter 11). The emphasis is on freedom of information legislation. Only the Commonwealth and Victorian models are discussed. 8. Administrative Law provides coverage of the central topics of administrative law. The topics are discussed in a coherent and succinct manner which aides the students understanding of the topics. Of particular benefit for students are the activity segments which allow the student to consolidate their comprehension of a topic and to seek further knowledge and understanding. Also the further reading suggestions provide students with a number of high quality casebooks and textbooks to refer to. 9. Administrative Law is not a casebook, legal treatise or a comprehensive textbook on administrative law. It cannot be compared against Allars, Administrative Law: Cases and Commentary, (1997); Allars, Introduction to Australian Administrative Law, (1990); or Sykes et al, General Principles of Administrative Law,(1997) for detail or sophistication of case analysis. However it compares very favourably as an aid to students. Administrative Law should assist students to extract the more important principles and rules contained in the most significant administrative law cases and develop their ability to apply the principles and rules to answer exam questions. 10. Although state administrative law coverage is restricted to the Victorian jurisdiction, the utility of Administrative Law to students in other states and territories of Australia is not diminished. The common law principles are applicable to all Australian jurisdictions, and federal administrative law, which is the focus of Administrative Law, dominates this discipline of law in Australia; some states such as Western Australia are devoid of significant state legislation in the area. 11. Administrative Law is pitched at the first time student of administrative law. The clear coherent language of the book and the well designed questions and activities achieves the objectives of the author, which are to provide students with knowledge and understanding of the principles and rules of administrative law and how to apply them. Administrative Law is an ideal complement to a comprehensive textbook or a textbook / casebook.