The Anatomy of Administrative Law

Author: Joanna Bell
Publisher: Hart Publishing
ISBN: 9781509943920

Published In: November 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Hardback Edition ISBN: 9781509925339

List Price: HKD 493.87

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Description
Contents

Details

This book seeks to further understanding of the nature of administrative law doctrine and adjudication. It has three main aims. The first is to promote understanding of administrative law's 'anatomy' by pulling the subject apart and exploring the nature of the legal structures which are in play in adjudication. In doing so, the book emphasises three main ways in which administrative law's anatomy is both complex and diverse: administrative law doctrine interacts with a broad array of legislative frameworks, administrative law adjudication seeks to accommodate a variety of legal values and administrative law is concerned with legal relationships of different kinds. The second is to illustrate the importance of recognising the complexity and variety of administrative law's anatomy in three particular doctrinal contexts: procedural review, legitimate expectations and standing. The third and final aim is to raise an important but under-explored question: is it plausible and useful to attempt to make sense of administrative law doctrine by reference to a singular organising concept or principle?

Ambitious and thought-provoking, this is an important new statement on administrative law.

1. Introduction

I. What is 'Administrative Law'?

II. The Book's Three Main Aims

III. The Trajectory of Argument: An Overview of the Book's Chapters

IV. Scope

V. Conclusion

2. The Development of Modern Administrative Law

I. Administrative Law's Modern History

II. Two Core Lessons

III. Conclusion

3. The Anatomy of Administrative Law

I. First Sense of Complexity and Variety: The Interrelationship of Administrative Law Doctrine and the Legislative Framework in the Background of the Case

II. Second Sense of Complexity and Variety: Administrative Law Protects an Array of Different Values, Purposes and Interests

III. Third Sense of Complexity and Variety: Administrative Law Adjudication Concerns Different Kinds of Legal Relationship

IV. Conclusion

4. Procedural Review

I. What is 'Procedural Review'?

II. The Evolution of Procedural Review

III. Why is it Proving Difficult to Develop an Overarching Account of Procedural Fairness?

IV. Do the Difficulties in Developing a General Account of Procedural Review Indicate a Lack of Structure

in Judicial Reasoning?

V. Conclusion

5. Legitimate Expectations

I. What is a 'Legitimate Expectations' Case?