Administrative Law
Context and Critique
Does not imply availability
Description
Administrative law is one of the most political and controversial areas of law. It regulates the basic rights of individuals, the public and businesses against the government by ensuring that those individuals and bodies exercising administrative power do so within the law. As a result, administrative law impacts on Australians wherever and whenever their lives are touched by government - in more everyday and local matters such as paying tax, claiming social security or appealing a council planning decision and in those rarer cases of the most personal, national and political importance, such as the Tampa refugee case, the Hindmarsh Island bridge cases and the "Greek conspiracy" social security case.Despite its clear interest and importance, administrative law is often approached with foreboding. Full of technicalities and arcane distinctions, administrative law is seen as one of the most dense and difficult areas of law to understand.Author Michael Head makes administrative law intelligible, intellectually satisfying and even enjoyable. Head reviews administrative law with a keen critical eye to its historical, political, economic, social and governmental context. He argues that unless you know the political controversies, policy arguments, judicial trends and constitutional tensions that lie behind nearly all the major cases, you simply cannot understand how and why the courts have reached their decisions.Accordingly, Head combines clear and succinct 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.Administrative Law will be welcomed and valued in its own right, and for its capacity to serve as a companion volume to that valued casebook Douglas and Jones's Administrative Law.
AI Overview
The book "Administrative Law: Context and Critique" by Michael Head is a comprehensive guide to the field of administrative law, offering a critical examination of the subject in its contemporary and historical contexts. Here is a detailed overview of the book:
Key Themes
- Contemporary Developments: The book is updated to include recent High Court and other superior court decisions, particularly those related to unreasonableness, sub-delegation, bias, jurisdictional error, and government liability for damages in tort, including misfeasance in public office[1].
- Political, Administrative, and Socio-Economic Settings: The book emphasizes the need to examine administrative law within its political, administrative, and socio-economic settings, highlighting the evolving nature of the field[1].
- Constitutional and Legal Framework: The book covers the constitutional and legal framework that underpins administrative law, providing a foundational understanding of the subject[2].
Plot Summary
The book is structured to provide a clear and accessible introduction to administrative law. It begins with an overview of what administrative law is and how to approach the subject. The subsequent chapters delve into the constitutional and legal framework that governs administrative actions. The book also provides practical guidance on where to begin with non-technical and technical aspects of administrative law[2].
Critical Reception
- Positive Reception: Michael Head is praised for making administrative law intelligible, intellectually satisfying, and even enjoyable. His critical approach is appreciated for its clarity and depth[3].
- Book Review: A review of the book notes that it is "colourful and manageably sized," reflecting the author's ability to make complex topics engaging and easy to understand[4].
Editions and Updates
There have been multiple editions of the book, with the most recent being updated to include every major High Court administrative law case since the previous edition. The 9th edition, co-authored with Yee-Fui Ng, Jason Donnelly, and Michael Morgan, includes a full outline and discussion of the proposed Administrative Review Tribunal and the new National Anti-Corruption Commission. It also provides important extracts and analysis of the High Court’s most significant recent decisions, including on procedural fairness, unreasonableness, judicial review, and jurisdictional error[5].
In summary, "Administrative Law: Context and Critique" by Michael Head is a comprehensive and critically acclaimed text that provides a detailed understanding of the subject, emphasizing its contemporary developments and historical context. The book is praised for its clarity and engaging approach, making it a valuable resource for both students and practitioners in the field.