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.

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Curricular information is subject to change

Learning Outcomes:

On successful completion of this module students should be able to apply the components of the remedies of judicial review and habeas corpus to a hypothetical problem. Students should be able to identify the circumstances in which a public agency may be made liable in damages for unlawful administrative action, and to provide restitution of money taken under an illegal tax. Through undertaking the module's 'Project' assignment, students will acquire experience in legal writing, research and problem solving in Administrative Law.

Student Effort Hours: 
Student Effort Type Hours
Lectures

24
Seminar (or Webinar)

8
Autonomous Student Learning

105
Total

137
Approaches to Teaching and Learning:
Administrative Law Remedies is a classical common law subject. The general approach is doctrinal, with a heavy emphasis on the analysis of case law. Resources accompanying the delivery of the module include presentations and lecture notes. The module is assessed by a combination of a problem based project as well as an end of semester exam. The module will be accompanied by on-line seminars. 
Requirements, Exclusions and Recommendations
Learning Requirements:

Administrative Law Doctrine LAW 30240


Module Requisites and Incompatibles
Co-requisite:
LAW30240 - Administrative Law Doctrine

Incompatibles:
LAW41800 - Advanced Administrative Law 2

Equivalents:
Administrative Law: Remedies (LAW37290)


 
Assessment Strategy  
Description Timing Open Book Exam Component Scale Must Pass Component % of Final Grade
Project: Hypothetical problem exercise (1,250 words). Week 6 n/a Graded No

25
Examination: Closed book. 2 hour End of Trimester Exam No Graded No

75

Carry forward of passed components
Yes
 
Resit In Terminal Exam
Summer 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?

Individual feedback (by email on request) will be made available for the assignment. The feedback for the examination will be in the form of a general account of the examination made available on Brightspace. This feedback will identify the material that the examiners expected to be included in answers and will highlight common errors.