Federal Administrative Law

Book excerpt: Federal administrative law is a vast expanse of statutory provisions and case law. This text aims to map these provisions, setting out the case and statute law in a structured and amenable way. Federal Administrative Law commences with discussion of the composition, powers and decision-making processes of the executive government. Then it covers the major remedies available for those who are dissatisfied by a decision of the executive government - reasons for decision, access to information under FOI legislation, judicial review, appeal to the Administrative Appeals Tribunal, review by the Ombudsman, remaking a decision, collateral review and special review. Enright also engages with the perennial conceptual problems of administrative law. Difficulties with separating legislative, executive and judicial power, and in distinguishing between law and fact, are considered insoluble, Enright argues, only because they have not been approached in the right way. Enright argues for going back to basics, emphasising the necessity of asking the right question in the first place. In a similar vein, Enright investigates problems with legitimate expectation in the law of natural justice and argues that difficulties with standing can be treated better by taking a more analytical approach to the interests involved. Federal Administrative Law will serve as a basic text and reference book for those who work in Commonwealth administrative law. It is written in a clear and easy to read style that will make it suitable as a textbook in undergraduate courses.