This major international handbook provides a complete review and guide to past and present knowledge in this essential field of inquiry. Assembling an outstanding team of scholars from around the world, it comprehensively explores the current state of the art in academic thinking and the current structures and processes for the administration of public policy following this period of rapid transformation and change.
Chapter 21: Administrative Law in the Anglo-American Tradition
Administrative Law in the Anglo-American Tradition
It is a common belief that ‘administrative law’ is a recent development in the Anglo-American tradition. This is mistaken. The Anglo-American tradition is not premised on the existence of a separate set of courts to adjudicate on public law matters, as is common within civilian jurisdictions. To reason from this premise, to the conclusion that there was, until recently, no administrative law is a non sequitur. English law has exercised procedural and substantive controls over the administration for well over 350 years. Three features of this control were of central importance.
First, the history of judicial review was inextricably bound up with the development of remedies as opposed to the creation of new heads ...