Distinction between administrative law and constitutional law in Melbourne context
š Distinction Between Administrative Law and Constitutional Law (Melbourne Context)
1. Basic Definitions
Administrative Law:
Governs the actions, decisions, and procedures of government agencies and officials.
Concerned with the lawfulness of administrative decisions, procedural fairness, and judicial review.
Applies to executive actions under both state and Commonwealth laws.
Provides remedies like certiorari, mandamus, prohibition, and declarations.
Constitutional Law:
Deals with the structure, powers, and functions of government institutions.
Concerned with the distribution of powers between Parliament, Executive, and Judiciary.
Deals with constitutional validity of legislation and executive actions.
In Australia, primarily concerned with the Commonwealth Constitution but also includes Victorian Constitution Act 1975.
2. Key Differences
| Aspect | Administrative Law | Constitutional Law |
|---|---|---|
| Focus | Validity & fairness of government decisions/actions | Structure & powers of government institutions |
| Source | Statutes, common law principles | Written Constitutions (Commonwealth & Victoria) |
| Judicial Review | Of administrative decisions (procedural & substantive) | Of laws and constitutional validity |
| Remedies | Quashing, injunction, mandamus | Declarations of invalidity, injunctions |
| Examples of Issues | Procedural fairness, bias, jurisdictional error | Separation of powers, federalism, constitutional limits |
| Courts | Supreme Court of Victoria (O56), VCAT (limited) | High Court of Australia (mainly), Supreme Courts |
3. Important Case Law Illustrating the Distinction
Case 1: Plaintiff S157/2002 v Commonwealth (2003) 211 CLR 476
Area: Constitutional law and Administrative law overlap.
Facts: Challenged a privative clause in the Migration Act attempting to exclude judicial review.
Held: The High Court held that the constitution protects judicial review of administrative action that involves jurisdictional error.
Significance: Demonstrated that constitutional principles protect administrative law rights like judicial review, showing their intersection but distinction.
Case 2: Minister for Immigration and Citizenship v Li (2013) 249 CLR 332
Area: Administrative Law.
Facts: An administrative decision under the Migration Act was challenged for jurisdictional error.
Held: The High Court emphasised the principles of administrative law around jurisdictional error and procedural fairness.
Significance: Focuses on administrative law, showing courts can review administrative decisions for legality within constitutional bounds.
Case 3: R v Kirby; Ex parte Boilermakers' Society of Australia (1956) 94 CLR 254
Area: Constitutional Law.
Facts: Concerned separation of judicial and non-judicial powers under the Australian Constitution.
Held: The High Court held that courts exercising judicial power cannot perform non-judicial functions.
Significance: Fundamental constitutional principle about separation of powers affecting administrative tribunals and courts.
Case 4: Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82
Area: Administrative Law.
Facts: Concerned the procedural fairness in decisions of administrative tribunals.
Held: The High Court stressed the need for fair procedures in administrative decision-making.
Significance: Clarifies procedural protections in administrative law, distinct from constitutional questions.
Case 5: Victoria v Commonwealth (Industrial Relations Act Case) (1996) 187 CLR 416
Area: Constitutional Law.
Facts: Challenge to the validity of Commonwealth legislation overriding State powers.
Held: The High Court examined federal balance and powers between Commonwealth and Victoria.
Significance: Illustrates constitutional law focus on distribution of powers, distinct from administrative law concerns.
4. How This Plays Out in Melbourne (Victoria)
Victorian Administrative Law:
Governed by the Administrative Law Act 1978 (Vic), Supreme Court (General Civil Procedure) Rules (O56).
Review of government decisions affecting individuals' rights or interests.
Victorian Constitutional Law:
Governed by the Constitution Act 1975 (Vic), defining powers of Victorian Parliament, Executive, and courts.
Issues such as the validity of legislation, executive powers, and rights under Victorian Constitution.
Courts:
Supreme Court of Victoria: Administrative law jurisdiction (O56).
High Court of Australia: Constitutional questions involving Commonwealth or States, including Victoria.
5. Summary Table
| Case | Area | Key Principle | Outcome |
|---|---|---|---|
| Plaintiff S157 | Both | Judicial review protected by Constitution | Privative clauses limiting review unconstitutional |
| Minister for Immigration v Li | Administrative | Jurisdictional error grounds for review | Strict scrutiny of admin decisions |
| Boilermakers' Case | Constitutional | Separation of powers doctrine | Courts cannot exercise non-judicial powers |
| Ex parte Aala | Administrative | Procedural fairness in admin tribunals | Fair hearing required |
| Victoria v Commonwealth (IR Act) | Constitutional | Federal balance & legislative validity | Limits on Commonwealth overriding States |
6. Conclusion
Administrative law primarily ensures that government decisions are lawful, fair, and within power.
Constitutional law establishes the framework within which governments and courts operate.
Both interact, especially where constitutional principles protect administrative law rights (like judicial review).
In Victoria, the Supreme Court plays a crucial role in administrative law, while constitutional issues are usually determined by the High Court.
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