Administrative law - which deals with the laws governing the lawful exercise of Executive power and the review of government decisions
Administrative Law in Australia
Administrating law can be understood as the body of law, by which the government of Australia is bound to take any decision. The government can be hold accountable for any kind of decision making process. A good administrative law system, have certain qualities:
- The first and foremost advantage is that having a fair, high quality and effective decision making process.
- Both the lawfulness and merits of decision can be reviewed by the individual access.
- Government is hold accountable for its decision.
- All the information related to the decisions and process running under the government can be access by the public.
The federal courts in Australia are independent from the government control. The power in the Australians constitution is separated among the following entities, that is, parliament, government, and the courts.
There exists various numbers of elements in the Australian administrative law system. It includes the primary decision making. In this, the proper framework of legislations helps in the process of decision making. Commonwealth Ombudsman and Judicial Review are the part of it, along with the office of Australian Information Commissioner and Merit Protection Commissioner.
There are four key players in the Australian administrative law. These are
- The attorney-general
- The administrative law unit
- The administrative review council
- Other stakeholders.
Along with that, there are also some of the department that are important from the administration point of view. These are,
- Federal Courts Branch
- Criminal Justice Division
- International Law and Human Right Division
- The Office of Constitutional Law
- Office of Legislative Drafting and Publishing
There are two types of administrative decision exist which are related to administrative law: mandatory and discretionary decision. In the mandatory decision, the decision is required in a situation, where, for example, if 'p' occurs 'q' decides definite way. While in the discretionary decision, for example, for granting a license to an applicant, the minister has power to take decision.
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