Constitutional and Administrative Law in Australia

Constitutional and Administrative Law in Australia

Constitutional and Administrative Law in Australia

Proposed Research Topic

An analysis of Constitutional and Administrative Law in the contemporary Australian legal system

Background

This research proposal is primarily dealt with Constitutional Law and Administrative law. The constitutional law concentrates mainly on the legitimacy of legislation whereas administrative law refers to the procedures and principles by means of which the decisions of public officials and government agencies are challenged and supervised. It emphasises on the appropriateness and validity of executive actions taken under legislation (or certainly by exercising prerogative powers) particularly to that extent as the rights and interests of individuals are affected by them.

Constitutional Law

The constitutional law of Australia relates to the interpretation and application of the Australian Constitution. A number of main principles of constitutional law has developed.

Administrative law

The body of law that regulates government decision making is termed as Administrative Law. It is a mechanism of accountability that relates to government decision making regarding individual matters, instead of across-the-board policy decisions. The basis of federal administrative law system is on the structural separation among the legislature, the executive, and the judiciary's roles in Constitution of Australia - particularly, the autonomy of the federal courts.

The criteria are decided on by the Legislature for decision making, and merits decisions' review and Ministers are also held accountable for their decisions.

The merits of particular cases are assessed by the Executive pertaining to touchstones established or enacted in legislation by the legislature. Merits review tribunals are encompassed by the executive.

The legal limitations of the powers of the legislature and the executive are declared and enforced by the Judiciary.

The system of administrative law, in this way, makes sure that both the government and people adhere to law, and bear out the rule of law's ...