Case Study: Administrative Law Dispute - Clovelly Council & Authority

This case study focuses on an administrative law dispute between the Clovelly Council and the Commonwealth Authority. The core issue revolves around damage to the Clovelly Public Library, caused by the installation of copper cables for the National Broadband Network. The Council seeks compensation for the structural damage, arguing negligence by the Commonwealth. The document outlines the principles of administrative law, including rulemaking, adjudication, and enforcement. It discusses the roles of government bodies, the importance of adhering to legal procedures, and the concept of natural justice. The case involves Jeeves, a federal member and Finance Minister, and the legal advice sought by the Council regarding their prospects of successfully prosecuting the Commonwealth. The study highlights the complexities of administrative law, the processes for dispute resolution, and the significance of accountability within governmental functions. The paper also references several sources for further study.

ADMINISTRATIVE LAW

INTRODUCTION
Administrative law is the legal body which is able to governs activities of administrative
agencies of government. Legal action consist rulemaking, adjudication as well as enforcement of
specific regulatory agenda (Administrative law, 2017). Each person of this legal body having
right to participate in decision making process. it mentioned various rules and policies which
needs to be fulfil by each and every member of country 1. Members must attain target within
stipulated time period and maintain performance as well. In the present report discussed case in
which dispute arise among Clovelly Council and commonwealth authority. Dispute arise
between them because of cracking building of library due to capper cables of National
Broadband Network rush on the building. In this case, Clovelly Council wants to lodge grievance
against commonwealth authority in order to receive amount of compensation equal to damages
caused to building.
TASK
Administration law consists several rules, regulation and policies which are needs to be
implement in entire country and must be fulfil by legal authorities at the time of resolve matter of
parties. It includes powers of executives in order to deal with matter of parties. It is legal frame
work which is able to create and develop overall system of law. Furthermore, this is the effective
process which can maintain performance of legal authorities 2. Members of government are
responsible to use their collective efforts in order to target in effective manner. Also they have to
follow rules and legal procedure which mentioned under law. Administrative department having
right to frame new policies and implement in entire country. This law can consist rights and
interest of individual person which provide power to them to deal with several problems. Natural
justice has been mostly applied in cases where there are no legal regulation as well as laws
prescribed, here the individual has to be specified an opportunity to be heard or the legal
judgement which should be taken into consideration particular facts as well as cases of the case
along with judgement must be free from prejudice. It is to prevent violation of people's rights by
officials in power.
1 Barnett H. Constitutional and administrative law. Taylor & Francis; 2017.
2 Cane P. Administrative law. OUP Oxford; 2011 Jul 7.
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Administrative law stipulates the rights, interest as well as liabilities of private persons in
their dealings with public officials or also states the measures through which several rights must
be obligatory by those private people. It is responsible to provides accountability along with
responsibility under administrative functioning 3. On the other side, there are stated laws,
policies, rules, procedures and regulations which is able to guide or straight internal
administration relations such as hierarchy, division of labour etc. This law is able to maintain
effects relationship among companies and legal authorities. Such situation is beneficial for the
growth and development of entire country. It can enhance work quality and performance of
business organizations.
According to the given case scenario, Jeeves is the person who is federal member for
Devon in the House of Representatives. Jeeves is also the Finance Minister. One of the ongoing
local or legal disputes in Devon is the state of the new multi-million-dollar Public Library in
Clovelly, Devon’s biggest town. The foundations of the new building have cracked, rendering
the Library unfit for use. People who are living in local area are submit blame against federal
government for the purpose of cracking. Library building was cracked due to copper cable,
excavated too deeply as well as too closely to the Library. After investigation it is found that
copper cables must be managed by commonwealth authority for National Broadband Network.
Due to this reason council wants to lodges case against authority in order to receive amount of
compensation equal to damages caused to building. National Broadband Network has been
agreed to provide payment through ex gratia. This is a kind of payment in which one of the both
party have to made payment with any legal obligation imposed on them. It should be paid as
lump sum payment which is over and above the required payment. But Council failed in such
negotiations and seeks for legal advice about its prospects of positively prosecuting the
Commonwealth for the purpose of damages, but is recommended that there is little or no
3 Craig P. EU administrative law. Oxford University Press; 2012 Mar 22.
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REFERENCES
Books and Journals
Barnett H. Constitutional and administrative law. Taylor & Francis; 2017.
Farber DA, O'Connell AJ. Lost World of Administrative Law, THe. Tex. L. Rev.. 2013;92:1137.
Leyland P, Anthony G. Textbook on administrative law. Oxford University Press; 2016.
Merrill TW. Article III, Agency Adjudication, and the Origins of the Appellate Review Model of
Administrative Law. Columbia Law Review. 2011 Jun 1:939-1003.
McGarity TO. Administrative law as blood sport: Policy erosion in a highly partisan age. Duke
lJ. 2011;61:1671.
Craig RK, Ruhl JB. Designing administrative law for adaptive management.
Cane P. Administrative law. OUP Oxford; 2011 Jul 7.
Craig P. EU administrative law. Oxford University Press; 2012 Mar 22.
Online
Administrative law, 2017. [Online]. Available through:
<https://www.britannica.com/topic/administrative-law >.
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