E LAW - MURDOCH UNIVERSITY ELECTRONIC JOURNAL OF LAW
ISSN 1321-8247
Volume 4 Number 4 (December 1997)
Copyright E Law and/or authors
File: buti442.txt
ftp://www.murdoch.edu.au/pub/elaw/issues/v4n4/buti442.txt
http://www.murdoch.edu.au/elaw/issues/v4n4/buti42.html
________________________________________________________________________

Review of Margaret Allars, "Australian Administrative Law: Cases and
Commentary"
Butterworths, Sydney, 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 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.