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LAW30290 Administrative Law: Remedies for Unlawful Administrative Action UCD Assignment Example

This module will explore the range of remedies available to those who have suffered from unlawful administrative action. The first part of the module will consider judicial review, which is a mechanism for challenging decisions made by public authorities. The second part of the module will look at claims for damages, which are available where there has been a breach of a person’s rights.

Assignment Activity 1: Apply the components of the remedies of judicial review and habeas corpus to a hypothetical problem.

You are the owner of a small business that has been operating in your local community for many years. The council has recently announced plans to build a new road that will run right next to your business, and they have refused to reconsider their decision despite your protests. You believe that the council’s decision is unlawful and you want to take action to challenge it.

In this situation, you could bring a judicial review challenge against the council’s decision. This would involve arguing that the council’s decision was unlawful and seeking to have it overturned by the court. You could also bring a habeas corpus claim, which would allow you to argue that the council has illegally detained you by refusing to allow you to continue operating your business.

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Assignment Activity 2: Identify the circumstances in which a public agency may be made liable in damages for unlawful administrative action, and to provide restitution of money taken under an illegal tax.

Public agencies may be made liable in damages for unlawful administrative action where there has been a breach of the plaintiff’s rights. In addition, public agencies may be required to provide restitution of money taken under an illegal tax. For example, if a public agency unlawfully confiscates a person’s property, they may be ordered to pay damages to compensate the victim for their loss.

A public agency may also be required to pay costs and legal fees incurred by the plaintiff in bringing a successful claim for damages. This is known as “costs shifting”, and it is designed to ensure that individuals have the resources they need to challenge unlawful administrative action.

In some cases, a public agency may be liable for punitive damages. This is a special type of damages that is awarded where the defendant’s conduct was particularly reprehensible. Punitive damages are designed to punish the defendant and deter them from engaging in similar behaviour in the future.

Assignment Activity 3: Acquire experience in legal writing, research, and problem-solving in Administrative Law.

In this module, you will be required to complete a number of writing exercises that will allow you to develop your legal writing, research, and problem-solving skills. These exercises will be based on the material covered in the module and will require you to analyze legal cases and statutes and formulate legal arguments.

The first exercise will be a memorandum in which you will analyze a legal case and provide a summary of the key issues. The second exercise will be a research assignment in which you will investigate a particular legal topic and write a report on your findings. The third exercise will be an argumentative essay in which you will argue for or against a particular legal proposition.

These exercises will help you to develop the skills you need to succeed in a legal career. They will also help you to understand the way that lawyers think and to learn how to argue a case effectively.

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