Administrative Law

Administrative Law

What is "Administrative Law"?

Administrative law is, broadly, the area of law which enables challenges to be made to administrative decisions or other actions of governments, such as the decision of a public authority to refuse to grant a licence or the decision of a local council not to grant a permit.

Administrative law generally only enables decisions which are "administrative" in nature to be challenged. Decisions by governments which are legislative (such as the passing of Acts, legislative instruments or broad policy decisions) are generally only subject to review by the electorate at election time. A notable exception to this general rule is where the legislative decision is unconstitutional, but this then takes the matter out of the reach of administrative law into constitutional law.

The administrative decisions of governments may be subject to challenge through:

1. judicial review;
2. a specific statutory right to review of the decision on the merits; or
3. complaint to the relevant Ombudsman.