Read e-book online Administrative Justice : Central Issues in UK and European PDF

By Longley & James, Diane Longley, Rhonda James

ISBN-10: 1859413420

ISBN-13: 9781859413425

This ebook appears to be like at administrative legislation from a socio-legal viewpoint opposed to a heritage of constitutional rules. It scrutinises the present associations within the mild of constitutional beliefs and highlights the discrepancies among underlying goals and fact. It considers, within the vast feel, how felony options are utilized in the advance and implementation of presidency coverage and to what volume this permits for the enhancement of democratic participation and legitimacy of choice making.

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This, in effect, is the logical extension of the principle of subsidiarity. It has recently been fashionable to argue that the power of the State is on the wane; the ‘contracting’ or the ‘rolling back’ of the State has been referred to frequently. But on the contrary, all that has happened is that the State has altered its shape. In fact, the conduct of government business is never likely to diminish in modern society. The forms of governance might change and become more complex, but the need for management of public matters is in all likelihood bound to increase through the introduction of new and varying ways of channelling government functions, the concerns, interests and the diversity of public organisations, their interdependence and networks of influence.

Consequently, in its essentials, our constitution is the result of an accumulation of the legal principles developed incrementally from judicial decisions. Statute law, apart from those initial historic texts of the late 16th and early 17th centuries, has had a minimal role, and to some extent has been treated with more than a little scepticism. By way of contrast, in France, the ruling groups insisted on a clean break, rather than relying on the continuation of traditional forms of government.

In arguing for a substantial objective justification, Laws J was attempting to subject the health authority’s decision to a kind of ‘hard look’ scrutiny. The Court of Appeal drew back from that. The Master of the Rolls emphasised that the function of the court in a case of this kind is to rule upon the lawfulness of decisions; but, in limiting the scope of the ‘lawfulness’ inquiry, he may not have adequately acknowledged the distinction between substantive review and review on the merits: Difficult and agonising judgments have to be made as to how a limited budget is best allocated to the maximum advantage of the maximum number of patients.

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Administrative Justice : Central Issues in UK and European Administrative Law by Longley & James, Diane Longley, Rhonda James


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