Law and Administration Third Edition pot

This page intentionally left blank Law and Administration As the branch of law dealing with the exercise of governmental power, and so directly concerned with politics, policy issues and good governance values, administrative law can challenge even the advanced student. In response, this classic text looks at both the law and the factors informing it, elaborating the foundations of the subject.  is contextualised approach allows the reader to develop a broad understanding of the subject.  e authors consider the dis- tinctive theoretical frameworks which inform study of this challenging subject. Case law and legislation are set out and discussed and the authors have built in a range of case studies, to give a clear practical dimension to the study.  is new and updated edition will cement the title’s prominent status. Carol Harlow FBA, QC (Hon), is Emerita Professor of Law at the London School of Economics and Political Science Richard Rawlings is Professor of Public Law at University College London [...]... traps’ and immunity 764 5 The shadow of Europe 771 6 Alternatives to tort law 777 7 Ombudsmen and redress 783 8 Towards a compensation culture? 791 Index 795 Preface: Three decades of law and administration Law and Administration has never been simply a textbook of administrative law As its title signifies, our primary objective in writing it was to further the study of law in the context of public administration. .. unreasonableness and proportionality 120 8 The Human Rights Act and after 126 9 Rhetoric meets reality 128 Lions, mice or bulldogs? 135 10 4 Making the law 140 1 Legislation and constitutional change 140 2 Parliament and courts 143 3 Parliament the watchdog 149 4 Delegated legislation 163 5 Access and participation 170 6 Climbing the ladder: EC law 179 7 Restoring the balance 188 Rules and discretion 190 1 Law and. .. Tempering: Rights and resources 717 3 Remedies: A precision instrument? 722 4 In search of ‘impact’ 727 5 Mainstreaming? 733 6 Litigation saga 738 7 17 Judicial review and administration: A tangled web Conclusion 747 ‘Golden handshakes’: Liability and compensation 749 1 Liability or compensation? 749 2 Tort law, deterrence and accountability 755 3 Duties, powers and omissions 760 4 Defensive administration, ... Statutes 1 xv xli 1 1 Law and state 1 2 The Diceyan legacy 4 3 Dicey and ‘red light theory’ 22 4 Ouster clauses and the rule of law 25 5 ‘Green light theory’ 31 6 ‘Green light theory’ and control 37 7 Allocation of functions 40 8 2 Red and green light theories Towards consensus? 44 49 1 The Trojan horse 49 2 Bureaucracy and central government 52 3 The blue rinse 56 4 The risk and security society 70... time than the vicissitudes of administrative 1 Now H W R Wade and C Forsyth, Administrative Law, 10th edn (Oxford University Press, 2009) The main exception, Griffith and Street’s Principles of Administrative Law, 5th edn (Pitman Paperbacks, 1973) was out of print and virtually unobtainable xvi Preface: Three decades of law and administration law. ’ Judicial review is inevitably controversial, fought out... suffer much inattention and, from time to time, some grumpiness Susan Hunt helped with this, as with every, edition Sylvia Lough played an equally valuable role We also had much help and encouragement from Mark Aronson, Julia Black, Peter xix Preface: Three decades of law and administration Cane, Genevra Richardson and Richard Thomas who read and commented on some of the chapters and gave us the benefit... through contract’ and of ‘decentred regulation’ described in Chapters 6 to 9, we are moving into a larger world of globalized administration and governance Here states must compete with governance through transnational agencies and networks of assorted public and private actors Government, as Martin Shapiro defines it, where administration exists ‘as a bounded reality’ and administrative law ‘prescribes... tribunals and ombudsmen has expanded over time to four chapter-long studies of alternative mechanisms of dispute resolution: from tribunals, inquiries, and ombudsmen to internal complaints-handling machinery more appropriate and proportionate than expensive courts (Chapters 10–13) Nor have we been against accountability and control Our position is as it always has been that control of the executive and administration. .. administration and politics: the law in context’ approach We need to remind the contemporary reader that the first edition reflected an era of legal formalism when the study of case law, largely divorced from its social context, was seen as the be-all -and- end-all of legal studies The formalist approach was reflected both in the dominant casebook method of teaching and the leading administrative law textbooks:... itself – and Wade’s Administrative Law, a slimmer version of the current well respected text.1 We saw formalism or legal positivism as largely obscuring both the plural character and the wide parameters of administrative law Our preoccupations, spelled out clearly in the preface to the first edition, were ‘process’, ‘legitimacy’ ‘competency’ and a functionalist concern with effectiveness and efficiency . 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