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This intensive two day modular course looks at administrative law over two sessions. The first session will cover the core principles and legal rules that govern judicial review and the legal process involved in administrative law. The second session considers specific case studies based on real situations with a view to enabling participants to reach conclusions and findings applying a working knowledge of the law through interactive discussion and group work. The intensive training aims to introduce participants to the principles of judicial review and the limits placed on decision making powers within administrative law. A core aim of this course is to examine specific instances in which judicial review arises, with an emphasis on how litigation can avoided.

Objectives

Upon completion of this course, participants will:

• Have a practical understanding of administrative law
• Understand how a judicial review case is run
• Appreciate the limits that the law places on their decision making powers
• Be able to identify potential areas of litigation within their decision making powers
• Understand how judicial review litigation may be avoided

Content

The course will provide participants with a brief introduction to Irish law and the Irish Legal System. This will include an overview of the Courts structure, civil law remedies, the role of barristers and solicitors within litigation and an introduction to Judicial Review - the differences between appeal and review as means of legal redress, the main remedies available by way of review, e.g. certiorari, mandamus, prohibition.

Secondly, the course will explain specific legal concepts within Administrative Law: the concepts of ultra vires and the rule against bias, the underpinning natural and constitutional rules namely; (1) nemo iudex in causa sua (which describes the principle of natural justice that no person can judge a case in which he or she is a party) and (2) audi alteram partem (which means, literally, hear the other side).

With particular application to those who work in Government Departments, Agencies and Local Authorities, the course will outline the constraints on discretionary decision making to include:

• The role of discretion within administrative systems
• The obligation to take account of all relevant considerations & ignore all irrelevant factors
• Delegation of discretion
• Doctrine of reasonableness
• Proportionality

Thirdly, the programme will equip participants with a good understanding of the impact of Administrative Law on the practical workings of Departments, consideration of the ways legal issues arise and the opportunity to discuss how conflict of laws can be avoided when exercising statutory powers.

A critical element of the training is to explain how to manage errors in procedure, the constructive and pragmatic procedures and the provide opportunity to discuss best practice policy that can be used when exercising departmental protocols and enforcing statutory powers. This element will focus on: ? Emphasis on investigations and fair procedures ? Fair procedures in the oral hearing including allowing parties to put their case to a panel ? Outcome of an oral hearing including the need to explain the procedure and the final decision.

Finally, the legal duties and obligations of officers, including best practice in the carrying out their duties and the limits and restrictions that exist in law when exercising said duties will be examined and participants will have an opportunity to engage in a small amount of group work to consider and share best practice in regard to putting protocols in place and areas to improve.

Course Leader

Sarah Carew LLB LLM BL will lead this two day course. Sarah is a practising barrister and law lecturer and offers a practical as well as academic understanding of the law in this area.

Day One: Introduction and Overview	20 February 2012	10 May 2012
Day Two: Advanced	21 February 2012	11 May 2012

If this course is scheduled to take place soon, it can be Booked Online or email us with your details to be kept informed of the next scheduled date.