Administrative / Constitutional Law

A Research Agenda for Administrative Law

By Carol Harlow
Edward Elgar Publishing February 2023

Specifications

ISBN-13
9781800883758
Publisher
Edward Elgar Publishing
Publication
February 2023
Format
Hardback
Jurisdiction
U.K. ? Countri(es) for reference only

Details

Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary.

With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.

Drawing on the expertise of an impressive selection of contributors, with experience of research in different administrative law fields, this book breaks away from the dominance of doctrinal analysis which permeates the existing literature and explores contemporary, innovative methods of research. Chapters present a concise account of what is known and unknown about administrative law, as well as recasting what was considered known. The book provides an arena for an exchange of ideas, all of which are designed to push scholars into thinking seriously about research methods and to develop novel scholarly agendas that can enrich administrative law.

Table of Contents

Introduction xiii
1.
Imagining method in administrative law scholarship 1
Elizabeth Fisher
2.
Exploring the real world: researching the impact of judicial review 21
Maurice Sunkin
3.
Investigating administration and administrative law: research questions from immigration administration 43
Robert Thomas
4.
Administration in the constitution: disaggregating power for accountability purposes 65
Janet McLean
5.
Parliament as scrutineer: parliamentary oversight of the law-making process 85
Alexander Horne and Michael Torrance
6.
Judicial review scholarship expanding legal scholarly imagination 115
Joanna Bell and Sarah Nason
7.
Administrative justice in transit: time for new vistas 137
Carol Harlow
8.
Transcending the public law–private law divide 163
Jason N.E. Varuhas
9.
Addressing contractual governance 207
Richard Rawlings
10.
Regulation and administrative law: some key issues 235
Tony Prosser
11.
Administrative law in the digital world 255
Paul Daly, Jennifer Raso and Joe Tomlinson
12.
Administrative law in the EU: the liberal constitutional paradigm and institutionalism as an imperfect alternative 281
Joana Mendes

Index 307
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