Understanding Administrative Law in the Common Law World

1. Auflage 2021
ISBN: 978-0-19-289691-9
Verlag: Oxford University Press

Buch, Englisch, 320 Seiten, Print PDF, Format (B × H): 163 mm x 240 mm, Gewicht: 653 g

Around the common law world, the law of judicial review of administrative action has changed dramatically in recent decades, accelerating a centuries-long process of incremental evolution. This book offers a fresh framework for understanding the core features of contemporary administrative law. Through comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand, the author develops an interpretive approach by reference to four values: individual self-realisation, good administration, electoral legitimacy, and decisional autonomy. The interaction of this plurality of values explains the structure of the vast field of judicial review of administrative action: institutional structures, procedural fairness, substantive review, remedies, restrictions on remedies, and the scope of judicial review. Addressing this wide array of subjects in detail, the book demonstrates how a pluralist approach, with the values being employed in a complementary and balanced fashion, can enhance our understanding of administrative law. Furthermore, such an approach can guide the future development of the law of judicial review of administrative action, a point illustrated by a careful analysis of the unsettled doctrinal area of legitimate expectation. The book closes by arguing that the author's values-based, pluralist framework supports the legitimacy of contemporary administrative law which, although sometimes called into question, facilitates the flourishing of individuals, of public administration, and of the liberal democratic system.

Autoren/Hrsg.

Daly, Paul

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Rechtswissenschaften Öffentliches Recht Staats- und Verfassungsrecht

Inhaltsverzeichnis

- 1: A Values-Based Approach

- 2: Institutional Structures

- 3: Procedural Fairness

- 4: Substantive Review

- 5: Remedies

- 6: Restrictions on Remedies

- 7: Scope of Judicial Review of Administrative Action

- 8: Legitimate Expectation

- 9: Defending Administrative Law

Über Autor(innen)

Dr Paul Daly holds the University Research Chair in Administrative Law & Governance at the University of Ottawa. Educated at University College Cork, the University of Pennsylvania Law School, and the University of Cambridge, he has taught administrative law as a faculty member at the University of Cambridge, the Université de Montréal, and the University of Ottawa, and as a visiting professor at the Université Paris II Panthéon-Assas. His award-winning scholarship has been cited dozens of times by courts in Australia, Canada, and Ireland. He is a regular speaker at national and international academic conferences, as well as professional development events, including for members of the judiciary.