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Law General

Understanding Administrative Law in the Common Law World

by (author) Paul Daly

Publisher
Oxford University Press
Initial publish date
Aug 2021
Category
General
  • Hardback

    ISBN
    9780192896919
    Publish Date
    Aug 2021
    List Price
    $108.95

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Description

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.

About the author

Paul Daly was an award winning photojournalist in Ireland prior to moving to Newfoundland and Labrador. He garnered a local following as ”that photographer from The Independent." His images have been featured in newspapers and magazines nationally and internationally.

Paul Daly's profile page

Other titles by Paul Daly