Author:	Antonio Buti BPE (Hons), Dip Ed, MIR, LLB (Hons) (ANU) Senior Lecturer, Murdoch University School of Law
Subjects:	Administrative law -- Australia -- Cases
Issue:	Volume 4, Number 4 (December 1997)
Category:	Current Developments

1. Administrative law, which lays down legal controls to regulate the relationship between state agencies and citizens, is a very technical branch of the law. The student and practitioner have to master the legal framework that governments must operate in, the structure and dynamics of administrative processes and numerous internal procedures and policies. Allars’ book will assist the student and the practitioner with this task.

2. Allars has divided the book into thirteen chapters which provide comprehensive coverage of the wide range of areas, issues, rules and principles that make up administrative law. The book addresses in the following order: theory; constitutional background; rules and rule making; access to information; internal and external administrative review processes and tribunals; the Ombudsman; the Administrative Appeals Tribunal; jurisdiction and justiciability; the grounds of judicial review such as excess and abuse of power, jurisdictional error, error of law on the face of the record and procedural fairness; and standing and remedies.

3. The book contains a very good selection of the leading cases and key statutory provisions relevant to the study of administrative law. Allars is to be commended for not fallen into the trap of provided ‘endless’ extracts of cases that really add nothing to the readers understanding of the subject; if anything they are more likely to confuse. Allars has included the cases that should be read and the extracts of those cases that need to be understood in order to master administrative law.

4. Allars’ book covers all the technical aspects of administrative law. However, that is not enough; the technicalities involved must be examined within a socio-politico paradigm. The relationship between administrative law and politics is obvious. There is also great judicial discretion in applying grounds of review and affording remedies. Allars writes:

   The legislators, public servants, tribunal members and judges responsible for applying or responding to statutes and cases engage in processes of interpretation which differ according to their individual social and political visions, backgrounds and training. Differences also exist in the perspectives of individuals whose interests are affected by government decision-making. Interpretation by lawyers is enriched by development of a sensitivity to such differences. To assist in this endeavour, the field of reference within which traditional materials are interpreted needs to be expanded (at xix).

5. This is successfully addressed by Allars., The book, for example, provides excerpts from writings dealing with political science and public administration, ombudsman’s reports, law reform proposals, workings and decisions of royal commissions, anti- corruption bodies and parliamentary committees, and critiques of administrative law. These materials provide the reader with a rich source of ideas and questions on the role and evolvement of administrative law within the socio-political environment it operates in. The materials encourage an understanding of law in context and consideration of public policy, political and ethical issues.

6. Australian Administrative Law Cases and Commentary is highly recommended to law students, academics and practitioners. It compares favourably with Hotop, Principles of Administrative Law and Sykes et al., General Principles of Administrative Law. Allars’ book provides coverage of the central topics of administrative law. The topics are discussed in a coherent and succinct manner which aides the readers understanding of the topics. Further, the technical aspects of the various topics are accompanied by extracts of materials that make the reader aware of the context that administrative law operates within. This feature of the book is most welcome and will encourage the reader to critically analysed the rules, principles and processes of administrative law and their relationship to politics.