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PUL804

Comparative Administrative Law II

  • Law
  • 800 level
  • 3 credit units
  • 156 pages
  • 18 units

This course provides an in-depth exploration of comparative administrative law, building upon foundational concepts. It delves into administrative adjudication, tribunals, and judicial review, examining their powers and constraints. The course covers rules of statutory interpretation, ultra vires, due process, and natural justice. Students will analyze prerogative writs, mandamus, certiorari, and locus standi, gaining a comprehensive understanding of administrative law principles and their practical application.

About this course

Difficulty
Intermediate
Study hours
208 hours
Maths
None
Content
Theoretical, case study, problem solving
Practical work
No
How it is assessed
  • Assignments
  • Tutor marked assessments
  • Final examination

One paragraph, so you can see how it reads

PUL804 · Unit 1: Administrative Adjudication

Certain books have been recommended in the course. Each study unit provides a list of references. You should try to obtain one or two for your general reading.

What you should be able to do

  1. Analyze the principles and procedures of administrative law.
  2. Evaluate the powers and constraints of administrative agencies.
  3. Apply rules of statutory interpretation to administrative decisions.
  4. Assess the impact of ultra vires and natural justice on administrative actions.
  5. Examine the remedies available for challenging administrative decisions.
  6. Understand the concept of locus standi and its implications for judicial review.

What it prepares you for

Careers
  • Legal Advisor
  • Policy Analyst
  • Compliance Officer
  • Government Relations Manager
  • Regulatory Affairs Specialist
Where it is applied
  • Government
  • Public Sector
  • Regulatory Agencies
  • Law Firms
  • Non-profit Organizations

Where it gets hard

The units students slow down on, and what makes each one heavy.

  • Module 3:

    Unit 2: Illegality, Unreasonableness, Irrationality

    The complex interplay between illegality, unreasonableness, and irrationality requires careful analysis and application of legal principles.

  • Module 4:

    Unit 4: Locus Standi

    Understanding the nuances of locus standi and its impact on access to justice requires critical evaluation of legal precedents and policy considerations.

A suggested way through it

Suggested

13 weeks, about 62 hours in total. Yours will differ.

  1. Week 1Module 1:
    • Unit 1: Administrative Adjudication · 3 hours

      Read the introduction to understand the scope of quasi-judicial powers.. Examine the nature of quasi-judicial powers of administration.. Study examples of administrative adjudication and their implications..

    • Unit 2: Tribunal · 3 hours

      Define 'quasi' and its application to administrative powers.. Classify quasi-judicial powers of administrative agencies.. Trace the influence of constitutional developments on administrative adjudication..

  2. Week 2Module 1:
    • Unit 3: Judicial Review · 4 hours

      Discuss the meaning and scope of judicial review.. Examine the justification for judicial review and its constitutional standards.. Classify the grounds for judicial review based on Lord Diplock's classification..

  3. Week 3Module 1:
    • Unit 4: Rules of Statutory Interpretation · 4 hours

      Analyze the raison d'etre of statutory interpretation.. Discuss the literal rule and its application with examples.. Compare the literal rule with the golden rule of interpretation..

  4. Week 4Module 2:
    • Unit 1: Ultra Vires · 4 hours

      Discuss the ultra vires doctrine and its relevance.. Examine the principle of acting within authorized powers.. Analyze instances of ultra vires acts and their consequences..

  5. Week 5Module 2:
    • Unit 2: Due Process · 4 hours

      Identify the historical underpinnings of due process.. Analyze due process requirements for agency procedure.. Discuss the procedures required by due process..

  6. Week 6Module 2:
    • Unit 3: Natural Justice · 4 hours

      Discuss the principle of natural justice.. Examine the underlying principles of natural justice.. Analyze the importance of natural justice in administrative law..

  7. Week 7Module 2:
    • Unit 4: The Rule against Bias – Nemo judex in causa sua · 4 hours

      Discuss the rules of impartiality of judges.. Analyze the application and workability of the rules.. Examine the meaning of bias and its features..

  8. Week 8Module 3:
    • Unit 1: The Fair Hearing Rule · 4 hours

      Discuss the meaning of fair hearing.. Analyze the application of audi alteram partem in criminal and administrative cases.. Examine the statutory hearing requirements..

  9. Week 9Module 3:
    • Unit 2: Illegality, Unreasonableness, Irrationality · 4 hours

      Define illegality as a ground for review.. Discuss relevant and irrelevant considerations.. Examine the concept of improper purpose..

  10. Week 10Module 3:
    • Unit 3: Outstanding Issues · 4 hours

      Discuss the test of proportionality.. Differentiate between the Wednesbury test and the proportionality test.. Examine the reasons why public authorities should explain their decisions..

  11. Week 11Module 3:
    • Unit 4: Jurisdictional Control · 4 hours

      Discuss the extent to which courts can control the exercise of statutory powers.. Evaluate the ambit of 'control' of judicial power.. Examine the general principles of jurisdiction..

  12. Week 12Module 4:
    • Unit 1: Prerogative Writs · 4 hours

      Analyze the development of prerogative writs.. Define 'prerogative writ'.. Explain the characteristics of prerogative writs..

    • Unit 2: Mandamus · 4 hours

      Discuss the applicability of the doctrine under the prerogative order of mandamus.. Examine the elements of the order of mandamus.. Analyze the limitations of the order of mandamus..

  13. Week 13Module 4:
    • Unit 3: Certiorari · 4 hours

      Discuss the historical development of certiorari.. Explain the applications of certiorari in different jurisdictions.. Analyze the character of the writ and its uses..

    • Unit 4: Locus Standi · 4 hours

      Discuss the meaning and nature of locus standi.. Analyze the general principles under which the doctrine operates.. Discuss the legal basis of the doctrine and its relationship with judicial review..

Preparing for the exam

What to do
  • Create detailed summaries of each unit, focusing on key definitions and principles.
  • Develop case briefs for all cited cases, noting the facts, issues, and rulings.
  • Practice applying the rules of statutory interpretation to hypothetical scenarios.
  • Prepare comparative charts outlining the differences between prerogative writs.
  • Review all Tutor Marked Assignments (TMAs) and Self-Assessment Exercises (SAEs) thoroughly.
  • Allocate specific study time for each module, ensuring comprehensive coverage of all units.
  • Form study groups to discuss complex concepts and share insights.
  • Focus on understanding the practical applications of administrative law principles in real-world scenarios.

Questions students ask about this course

What is PUL804 about?

This course provides an in-depth exploration of comparative administrative law, building upon foundational concepts. It delves into administrative adjudication, tribunals, and judicial review, examining their powers and constraints. The course covers rules of statutory interpretation, ultra vires, due process, and natural justice. Students will analyze prerogative writs, mandamus, certiorari, and locus standi, gaining a comprehensive understanding of administrative law principles and their practical application.

How many units does PUL804 have?

PUL804, Comparative Administrative Law II, has 18 units across 5 modules, over 156 pages of course material. You can read it one unit at a time.

How many credit units is PUL804?

PUL804 carries 3 credit units, at 800 level in Law.

Is PUL804 hard?

PUL804 is rated intermediate level, with no mathematical content. It is mostly theoretical, case study and problem solving work.

How long does PUL804 take to study?

About 208 hours of study, spread across its 18 units.

How is PUL804 assessed?

PUL804 is assessed by assignments, tutor marked assessments and final examination.

What can I do with PUL804?

Legal Advisor, Policy Analyst, Compliance Officer, Government Relations Manager and Regulatory Affairs Specialist.

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