The Province of Administrative LawDuring the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law. |
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Contents
The Province of Administrative Law Determined? | 1 |
Constitutionalism and the Contractualisation of Government | 21 |
A Public Lawyers Responses to Privatisation and Outsourcing | 40 |
Theoretical and Institutional Underpinnings of a Separate | 71 |
Administrative Law for a New Century | 90 |
Public Service Law and the New Public Management | 118 |
Administrative Law at the Margins | 134 |
Intermediate Associations and the State | 160 |
Public Law and Control Over Private Power | 196 |
The Underlying Values of Public and Private Law | 217 |
Some Thoughts on | 243 |
Judicial Review and Democracy | 279 |
The Ebb and Flow of Administrative Law on the General | 308 |
Feminism Pluralism and Administrative Law | 331 |
| 357 | |
| 375 | |
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Common terms and phrases
accountability action administrative law agency Appeal apply approach association authority Board bodies Canada Canadian changes Commission common law concept concern consider constitutional context contract corporation courts decision deference determining developed distinction doctrine effect enforcement English equality example exercise existence fact fairness federal functions groups held human rights Ibid important individuals institutions interest interpretation involved issue judges judicial review jurisdiction Justice lawyers legislative limited matter means nature noted operation particular parties person police political position Press principles privatisation problem procedural protection public law public service question reasons recent recognised referred reform regard regulation regulatory relation relationship requires respect response role rule rulemaking sector sense social standard statute statutory structure substantive suggest Supreme Court theory tion traditional tribunal United University values
Bibliographic information
| Title | The Province of Administrative Law |
| Editor | Michael Taggart |
| Publisher | Hart Publishing, 1997 |
| ISBN | 1901362019, 9781901362015 |
| Length | 381 pages |
| Subjects | › Law / Administrative Law & Regulatory Practice Law / General |
| Export Citation | BiBTeX EndNote RefMan |