law and public administration take-home examination

law and public administration take-home examinationTake-home examinations are not eligible for extension or late-penalty and will not be accepted
after 5:00pm Melbourne Time.
INSTRUCTIONS FOR CANDIDATES
1. Mark value. This examination is worth 100% of your total assessment for this subject.
2. Questions. This examination comprises two Parts, which must both be completed. You must
answer ONE question from Part A (worth 40%) and ONE question from Part B (worth 60%).
3. Word limit. The word limit for your examination is 6,000 WORDS. This excludes footnotes,
provided the footnotes contain references only. All substantive discussion in footnotes must be
included in the word tally. A marking penalty will be imposed if the length exceeds the word limit
by 10% or more.
4. Formatting. All answers should be typed, using 1.5 line spacing, with page margins of no less
than 3cm on all sides, in 12-point font. Footnotes should be in 10-point font.
5. Referencing. References must conform to the Australian Guide to Legal Citation (3rd Edition,
2010), available at:
6. Cover sheet. All papers must be submitted with a cover sheet. The coversheet is available from
the MLM Community in LMS. Further instructions regarding submission are available on the
coversheet. Please ensure you submit only ONE document via LMS. You must copy and paste the
assessment coversheet into your exam paper.
7. Plagiarism & Originality. Answers must be the sole, original work of each student. Consequently
students are strictly prohibited from consulting each other or any other person in relation to this
exam. All pieces of assessment submitted electronically will be put through an electronic
plagiarism check and will be retained for future plagiarism checking.
8. Queries. If you have any queries regarding the exam, please contact the Academic Support Office
at before 4:00pm AEST on the day the exam is released. Please note that the office is
open 8:45am – 5:00pm on Friday so any questions about the exam should be directed to the
office before 4:00pm to allow time for clarification to be sought from the lecturer and broadcast
before 5:00pm. Students are not permitted to make direct contact with the lecturer with regard to
an examination paper once the examination has been released and before results are available.
Please note that any clarification or corrections will be sent to you through your student email
address, so you are advised to check this.
You must complete both Parts A and B.
PART A
This Part is worth 40%.
Answer only one of the questions in this Part.
Note that the subject matter of your answer in this Part should not substantially overlap with the
examples/case studies you choose for the purposes of your answer in Part B. The purpose of this
instruction is that your respective answers to Parts A and B should not focus on the same aspects of
the course.
1. Should the common law recognise a general duty on administrative decision-makers to give
reasons for their decisions?
2. How far should the common law go in protecting legitimate expectations?
3. Consider the case of Minister of Immigration and Citizenship v Li (2013) 249 CLR 332. To the
extent they differ, do you prefer the principles of substantive review as stated by Hayne, Kiefel
and Bell JJ, or Gageler J, and why?
4. Consider the emergence of ‘structural procedural review’ in English law, as evidenced by the
Court of Appeal decision in R (Howard League for Penal Reform) v Lord Chancellor [2017]
EWCA Civ 244. Explain this new doctrine and whether or not you consider it is a welcome
development, and why.
5. Consider the case of Lee v NSW Crime Commission [2013] HCA 39. To the extent they differ, do
you prefer the approach of Kiefel J, or Gageler and Keane JJ to the principle of legality, and why?
PART B
This Part is worth 60%.
Answer only one of the questions in this Part.
1. Administrative law has singularly failed to adapt to new and emergent modes of public
administration. Discuss by reference to at least two examples of new and emergent modes of
public administration considered during this course.
2. Administrative law has maintained an appropriate balance between upholding basic legal
principles and respecting the proper sphere of public administration. Discuss by reference to at
least two case studies considered during this course.
The examples/case studies you consider in this Part should not substantially overlap with the subject
matter of your answer in Part A. The purpose of this instruction is that your respective answers to
Parts A and B should not focus on the same aspects of the course.
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