Administrative and Constitutional Law
Administrative Law
Understand judicial review grounds: jurisdictional error, procedural fairness (the hearing rule and bias rule), relevant and irrelevant considerations, improper purpose, and unreasonableness. Know the distinction between judicial review and merits review, the role of tribunals, and the remedies (certiorari, mandamus, prohibition, and declarations). Study standing, justiciability, and the effect of privative clauses.
Constitutional Law
Study the structure of the Constitution: separation of powers, federalism, and the division of legislative powers. Understand the corporations power, the external affairs power, and the implied freedom of political communication. Know the principles of inconsistency under s 109, the acquisition of property on just terms, and the limits on Commonwealth and State power. Study Chapter III courts and the Boilermakers doctrine.
Traps and Rule of Thumb
Questions often conflate merits review with judicial review, or ask whether a decision is affected by jurisdictional error. Watch for the distinction between procedural and substantive unfairness. Rule of thumb: identify the decision-maker, the source of power, and the ground of review before considering remedies.
Worked example: A tribunal fails to disclose adverse material to an applicant. This may breach the hearing rule, giving rise to jurisdictional error and relief in the nature of certiorari. Consider whether the error is jurisdictional or an error within jurisdiction.