LAW30290 Administrative Law: Remedies for Unlawful Administrative Action

Academic Year 2022/2023

This module begins by reviewing the principal remedy for illegal administrative action: judicial review. After examining the history of the judicial review process, it turns to practical bars to public law redress such as the law of costs. It surveys the extent to which the individual may obtain damages for unlawful administrative action: negligence, misfeasance in public office, damages for breach of Constitutional rights, and remedies for breach of European administrative law. The crime of misconduct in public office is reviewed. The module also looks at the right to restitution of money paid under an illegal tax demand. The specialist remedy against illegal administrative detention - habeas corpus/Article 40.4.2- is surveyed.

This module follows from the 'Administrative Law Doctrine' module. Students are assumed to be familiar with the principles of Administrative Law Doctrine which will continue to be referred to in this module and which will feature in the module's 'Project' assignment. Accordingly, this module should definitely not be selected where the Administrative Law Doctrine module has not first been studied.

The module is accompanied by online seminars.