LAW30240 Administrative Law: Grounds of Review

Academic Year 2022/2023

Judicial review is the individual's remedy for the correction of llegal action by public agencies or officers. Judicial review is also one of the most common legal processes in the superior courts. The remedy by way of judicial review is available only where the agency commits one from a catalogue of recognised varieties of legal mal-administration. Breach of one of these doctrines renders administrative action unlawful (or ultra vires). There are nine principal categories: (i) bias, (ii) disregard of fair procedures, (iii) breach of legitimate expectations, (iv) unlawful delegation, (v) error of fact, (vi) lack of proportionality, (vii) fettering of the decision making function, (viii) error of law, and (ix) abuse of public power (acting for an improper purpose, bad faith, inequaliy). This module is concerned with the study of these nine doctrines. The module will also cover the theoretical basis of administrative law, political versus legal controls on the administration, general principles of judicial review, jurisdiction and the ultra vires doctrine.

The course of lectures is supplemented by two seminar cycles.

Show/hide contentOpenClose All

Curricular information is subject to change

Learning Outcomes:

On successful completion of this course students should be able: (i) to demonstrate a detailed knowledge of the law of Ireland and England relating to legitimate expectations, factual error, proportionality, bias, fair procedures, unlawful delegation, bias, and abuse of public power; and (ii) to apply the law relating to the grounds of review to a complex hypothetical problem.

Student Effort Hours: 
Student Effort Type Hours
Lectures

24
Seminar (or Webinar)

8
Autonomous Student Learning

105
Total

137
Approaches to Teaching and Learning:
The approach to this module is doctrinal with a stress on the analysis of case law. The resources for the module include presentations and texts of the lecture contents. The lectures will be supplemented by two cycles of (voluntary) seminars. 
Requirements, Exclusions and Recommendations
Learning Exclusions:

No exclusions


Module Requisites and Incompatibles
Incompatibles:
LAW41810 - Advanced Administrative Law 1

Equivalents:
Administrative Law Doctrine (LAW37240)


 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Examination: Written examination (2 hours). 2 hour End of Trimester Exam No Standard conversion grade scale 40% No

100

Carry forward of passed components
Yes
 
Resit In Terminal Exam
Spring Yes - 2 Hour
Please see Student Jargon Buster for more information about remediation types and timing. 
Feedback Strategy/Strategies

• Group/class feedback, post-assessment

How will my Feedback be Delivered?

Feedback is offered in the form of a general account of the expected responses to each of the examination questions. This statement will also identify commonly occurring errors.

Name Role
Dr Sahar Ahmed Lecturer / Co-Lecturer
Ms Roisin O'Mara Lecturer / Co-Lecturer
Timetabling information is displayed only for guidance purposes, relates to the current Academic Year only and is subject to change.
 
Autumn
      
Lecture Offering 1 Week(s) - 1, 2, 3, 4, 5, 6, 7, 9, 10, 11, 12 Wed 11:00 - 12:50
Lecture Offering 1 Week(s) - 7, 9 Mon 13:00 - 13:50
Lecture Offering 2 Week(s) - 7, 9 Mon 18:00 - 18:50
Lecture Offering 3 Week(s) - 7, 9 Wed 18:00 - 18:50
Lecture Offering 4 Week(s) - 7, 9 Fri 12:00 - 12:50
Autumn