Controlling Administrative Power: An Historical Comparison

Administrative / Constitutional Law › Legal History

Controlling Administrative Power: An Historical Comparison

By Peter Cane
Cambridge University Press March 2016

Specifications

ISBN-13
9781316601501
Publisher
Cambridge University Press
Publication
March 2016
Format
Paperback
Jurisdiction
U.K. ? Countri(es) for reference only

Also available as

Hardback

Details

This wide-ranging comparative account of the legal regimes for controlling administrative power in England, the USA and Australia argues that differences and similarities between control regimes may be partly explained by the constitutional structures of the systems of government in which they are embedded.

It applies social-scientific and historical methods to the comparative study of law and legal systems in a novel and innovative way, and combines accounts of long-term and large-scale patterns of power distribution with detailed analysis of features of administrative law and the administrative justice systems of three jurisdictions.

It also proposes a new method of analysing systems of government based on two different models of the distribution of public power (diffusion and concentration), a model which proves more illuminating than traditional separation-of-powers analysis.

Table of Contents

1. Introduction: concepts and methodology
2. The English system of government
3. The US system of government
4. The Australian system of government
5. The development and institutional structure of control regimes
6. Administrative interpretation
7. Administrative fact-finding and policy-making
8. Administrative rule-making
9. Administrative adjudication
10. Private law controls
11. Controlling information
12. The new public management
13. Controlling the controllers
14. Concluding reflections on methodology and themes.
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