Understanding administrative law in the common law world / Paul Daly.

Oxford : Oxford University Press, 2021.

1st edition

199979

Administrative law.

Administrative law -- Cases.

1. A Values-based approach

1.1 Background

1.2 Four values

1.3 Interpreting administrative law

1.4 comparative administrative law

1.5 Pluralist administrative law

2. Institutional structures

2.1 The structure of the no-bias principle

2.2 Determinations as to whether conduct leads to bias

2.3 Retention of discretion

2.4 Conclusion

3. Procedural fairness

3.1 The general structure of the duty of fairness

3.2 Exceptions to the duty of fairness

3.3 Procedural fairness rights

3.4 Conclusion

4. Substantive review

4.1 Jurisdictional issues

4.2 Abuse of discretion

4.3 Relevancy and propriety

4.4 Conclusion

5. Remedies

5.1 The broad scope of declaratory relief

5.2 Certiorari and decisional autonomy

5.3 Judicial reluctance to grant prohibition

5.4 The limited scope of mandamus

5.5 Injunctive relief

5.6 refusal of relief

5.7 Severance

5.8 conclusion

6. Restrictions on remedies

6.1 Procedural requirements

6.2 Exhaustion of alternative remedies

6.3 Collateral attack

6.4 Exclusion of review

6.5 Ripeness and prematurity

6.6 Standing

6.7 Conclusion

7. Scope of judicial review of administrative action

7.1 Scoping the scope of judicial review

7.2 Electorial legitimacy

7.3 Good administration

7.4 Decisional autonomy

7.5 Individual self-realisation

7.6 Conclusion

8. Legitimate expectation

8.1 The plurality of legitimate expectation

8.2 Administrative law values in the decided cases

8.3 A pluralist approach to legitimate expectation and administrative law values

8.4 Protecting legitimate expectations: pluralism in action

8.5 Conclusion

9. Defending administrative law

9.1 Fit

9.2 Transparency

9.3 Coherence

9.4 Morality

9.5 Conclusion.

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. - Publisher's website.

Includes index and bibliographical references.

This text provides a comparative analysis of judicial review of administrative action.

9780192896919

xliii, 267 pages ; 24 cm