Laws 3006 - Week 5: Administrative Law

Review of Past Lessons

• Nature of administrative law
• Common law writs: certiorari, mandamus, prohibition, habeas corpus, quo warranto
• Reviewable decisions: administrative nature under enactment
• Distinction between merits review and legal review
• ADJR Act (Administrative Decisions Judicial Review Act)
  • Contains grounds for decision review

Key Concept: Natural Justice

• Importance: Central to administrative law
• Understanding: If understood, the rest is just detailed.
• Fairness: Familiar concept ingrained in everyday life
• Fundamentals: Simple concept, but often misunderstood

Illustrative Scenarios

1. Scenario One: A balanced decision with both sides heard
   • Two siblings fighting
   • Mom reviews both sides and makes a fair decision
   • Result: Both children understand why they are punished
2. Scenario Two: Hasty decision without hearing both sides
   • Immediate punishment without hearing explanations
   • Result: Perceived unfairness by both children
3. Scenario Three: Biased decision-maker
   • One's own child vs. a friend
   • Conclusion influenced by bias
   • Result: Outsider feels victimized by favoritism

Key Principles of Natural Justice

• Impartiality: Decision-maker must be unbiased
• Right to be Heard: Everyone affected must have a chance to express their point of view
• Ancient Principle: Traces back to biblical times
• Court System: Reflects these principles (both sides heard, impartial judge/jury)
• General Rule: Applies to all public decision-makers

Case Studies Illustrating Natural Justice

1. Cooper v. Board of Works for Wandsworth District (1863)
   • Facts: House built without required paperwork
   • Action: Board demolished house without notice
   • Decision: Mr. Cooper should have been heard before demolition
   • Principle: Right to be heard before any adverse action
2. Kioa v. West (Australia)
   • Facts: Tongan couple overstaying visa due to cyclone at home
   • Action: Deportation based on undisclosed allegations
   • Decision: Deportation quashed due to lack of fair hearing
   • Principle: Obligatory procedural fairness if rights/interests are affected
   • Classic expression by Justice Mason: Duty to act fairly, providing procedural fairness in administrative decisions affecting rights and interests

Terminology

• Natural Justice: Common law term
• Procedural Fairness: Modern statutory term
• Interchangeable Terms: Both mean the same—ensuring fair procedures

Two Core Rules of Natural Justice

1. Hearing Rule: Right to be heard
2. Bias Rule: Right to an impartial decision-maker

Preview of Next Video

• Exploration of the phrase "rights, interests, and legitimate expectations"