7018 Study Guide - Final Guide: Administrative Law Review, Justiciability, Inherent Jurisdiction

• School: University of Canberra
• Department: University of Canberra
• Course: 7018
• Professor: All

Document Summary

Private law is characterised as a dispute between 2 private citizens (although many private matters involve the government as a party, eg. contractual dispute). Public law is characterised by: the government being a party to a dispute; and. Administrative law involves review of the exercise of public power by public bodies. Public bodies means the executive branch of government (which implements the elected government"s policy). In admin law, we are concerned with the exercise of a power already lawfully conferred on the government, rather than the validity of that conferral. Prerogative powers (powers once exclusive to the. Sovereign, eg. powers to sign treaties & declare war/peace, prerogative of mercy) Common law powers (eg. contractual powers, power to own property) Statutory & prerogative powers are public powers are within the scope of admin law. To ensure that the executive does not go beyond the scope of its powers; To ensure that policy is implemented fairly, rationally and impartially;