The Province of Administrative LawMichael Taggart During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law. |
Contents
1 The Province of Administrative Law Determined? | 1 |
2 Constitutionalism and the Contractualisation of Government | 21 |
3 A Public Lawyers Responses to Privatisation and Outsourcing | 40 |
4 Theoretical and Institutional Underpinnings of a Separate Administrative Law | 71 |
5 Administrative Law for a New Century | 90 |
6 Public Service Law and the New Public Management | 118 |
7 Administrative Law at the Margins | 134 |
8 Intermediate Associations and the State | 160 |
10 Public Law and Control Over Private Power | 196 |
11 The Underlying Values of Public and Private Law | 217 |
Some Thoughts on Police Rulemaking Processes | 243 |
Judicial Review and Democracy | 279 |
14 The Ebb and Flow of Administrative Law on the General Question of Law | 308 |
15 Feminism Pluralism and Administrative Law | 331 |
Bibliography | 357 |
| 375 | |
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accountability action Admin administrative law agency American administrative law apply approach association autonomy Board Canadian Canadian Administrative Law Clarendon Press Commission common law concept constitutional context contract criminal CUPE Datafin decision deference developed Dicey Diceyan discretion doctrine enforcement English entitled exercise federal feminist Freddie Mac functions GCHQ governmental hereafter referred human rights human rights tribunals Hutterite Ibid individuals interpretation involved issue Jowell judges judicial review jurisdiction jurisprudence Justice L'Heureux-Dubé Law Review lawyers legislative ment Mossop National norms Ontario Oxford Paccar paper patently unreasonable police political principles private law private power private sector privatisation privative clause procedural protection public and private public interest public law public power public service question reasons recognised reform regulation regulatory relationship requires role rule of law rulemaking social standard statute statutory substantive Supreme Court theory tion Toronto tribunal's ultra vires United United Kingdom values