This module examines the methods and means by which the activity of the State and its constituent parts is monitored by the judiciary. It looks, in particular, at the distribution of powers and functions amongst the various organs of central and local government, at the control of persons in whom statutory discretions and powers are vested and at the duties of persons and bodies performing functions on behalf of the State. A particular emphasis is placed on the process of judicial review, the remedies available at judicial review and the bodies and persons against whom judicial review may be taken.
1. Introduction to Administrative Law
Control of the activities of the State. Concept of Judicial Review;
2. The scope of Administrative Law
The Concept of the State : Contract v. Judicial Review; What is a ‘public’ body?
3. Control of Discretionary Powers
Jurisdiction; The Wednesbury principles: Reasonableness, Good faith, Use of relevant criteria; the doctrine of ultra vires, the abuse of discretionary powers, the doctrine of proportionality (Meadows Case)
4. Public policy and the role of the courts: Are certain powers beyond review?
5. Constitutional/Natural Justice
Bias - nemo iudex in causa sua; Fair Procedures - audi alteram partem; Duty to give reasons
6. Legitimate Expectations
7. Judicial review procedures and remedies
8. Right of access to Justice
9. EU law aspects of administrative law in Ireland
10. Impact of EU Charter of Fundamental Rights
Administrative Law in Ireland
1. Introduction to Administrative LawControl of the activities of the State. Concept of Judicial Review; Constitutional judicial review.2. The scope of Administrative Law The Concept of the State : Contract v. Judicial Review; What is a ‘public’ body? 3. Control of Discretionary PowersJurisdiction; The Wednesbury principles: Reasonableness, Good faith, Use of relevant criteria; the doctrine of ultra vires, the abuse of discretionary powers, the doctrine of proportionality (Meadows Case)4. The non-delegation doctrine 5. Constitutional/Natural JusticeRule against Bias - nemo iudex in causa sua; Fair Procedures - audi alteram partem; 6. The Duty to Give reasons 7. Legitimate Expectations8. Judicial review procedures 9. Judicial review remedies10. Right of access to Justice 11. EU law aspects of administrative law in Ireland12. Impact of EU Charter of Fundamental Rights13. Impact of European Convention on Human Rights Act 2003
Instruction on the module will be through the following channels:
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Lectures: a weekly lecture. Lecture notes and presentation slides will be posted online in advance of the lecture.
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Tutorials: Details of dates/time/place of tutorials will be circulated separately. Students will be furnished in advance of each tutorial with notes and other relevant material posted on Brightspace.
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On-line Socrative quizzes and other interactive learning tools. Details will be provided through announcements on Brightspace and in class.
| Module Content & Assessment | |
|---|---|
| Assessment Breakdown | % |
| Formal Examination | 70 |
| Other Assessment(s) | 30 |