JUDICIAL REVIEW AND COMPLIANCE WITH ADMINISTRATIVE LAW pptx

JUDICIAL REVIEW AND COMPLIANCE WITH ADMINISTRATIVE LAW How effective is judicial review in securing compliance with adminis- trative law? This book presents an empirically-based study of the influ- ence of judicial review on government agencies. In doing so, it explores judicial review from a regulatory perspective and uses the insights of the regulation literature to reflect on the capacity of judicial review to modify government behaviour. On the basis of extensive research with heavily litigated government agencies, the book develops a framework for analysing and researching the regulatory capacity of judicial review. Combining empirical and legal analysis, it describes the condi- tions which must exist to maximise judicial review’s capacity to secure compliance with administrative law. The book will be essential reading for anyone interested in judicial review and administrative law. [...]... compliance with judicial rulings Given the fact that this study is focused on judicial review judgments and compliance with administrative law, it could easily be labelled as falling within the ‘court-centred’ camp However, it adopts an explicitly interpretivist approach to investigating the significance of administrative law and judicial review to bureaucratic behaviour The focus of this study on judicial. .. (and the extent to which) compliance with administrative law can be secured through judicial review The more these conditions are in existence, the stronger compliance with administrative law will be The less they are present, the weaker compliance will be Such a series of hypotheses may be tested in future research, and insights accordingly refined, in a variety of administrative contexts Slowly and. .. which judicial review is effective in modifying government behaviour towards compliance with legality In reviewing government decisions, the courts may apply the common law principles of administrative law, but they may also consider agencies’ compliance with statutory duties—both procedural and substantive Accordingly, this study considers the ability of judicial review to modify behaviour in line with. .. what extent judicial review is effective in securing compliance with its regulatory standards—that is, the principles of administrative law as applied in judicial review in order to guide decision-makers about how particular decision-making processes should occur There is a lack of research which then goes on explicitly to assess whether compliance with administrative law ‘regulatory standards’ (as... amorphous and elusive.5 Indeed, its meaning is sufficiently contested that it makes the job of relating the regulatory standards of judicial review to the regulatory goal of administrative law especially tricky In order to be able to consider empirically whether and to what extent compliance with the standards of judicial review contributes to the attainment of the regulatory goal of administrative law, ... nature of administrative law The analysis in this book, accordingly, emerges from a combination of the micro-sociological study of local government administration and a legal analysis of administrative law Such a blend of sociological and doctrinal concerns allows us to build a framework for hypothesising about whether and to what extent judicial review may secure compliance with administrative law Neither... Enquiry H I S B O O K I S about the relationship between judicial and administrative decision-making Its aim is to set out a framework for thinking about the extent to which judicial review litigation influences administrative behaviour and is capable of securing compliance with the requirements of administrative law (as expounded through judicial review) This work has emerged from an empirical investigation... homelessness law) The analytical framework presented in this book, accordingly, is rooted in a sociological understanding of how these agencies worked, how they understood law and their experiences of judicial review, and the significance of those understandings to their daily, routine (and often mundane) working practices The book sits comfortably within an emerging body of work within UK administrative law. .. conditions which will enhance judicial review s effectiveness in securing The Enquiry 17 compliance with administrative law, we should be able to see the limits of judicial review s influence and have the tools to understand why this is so The hypotheses are not supposed to represent reality, nor even the possibility of reality Is Perfect Compliance the Regulatory Goal of Judicial Review? More significantly,... impact of judicial review on administrative behaviour However, the approach taken here avoids the attempt to describe the ‘impact’ of judicial review on the government agencies1 which took part in the study The task of linking cause and effect in tracing the relationship between judicial review and administrative behaviour is fraught with difficulty at both a micro (Halliday, 1998; Sunkin, 2004) and macro . JUDICIAL REVIEW AND COMPLIANCE WITH ADMINISTRATIVE LAW How effective is judicial review in securing compliance with adminis- trative law? This. maximise judicial review s capacity to secure compliance with administrative law. The book will be essential reading for anyone interested in judicial review and