| Description |
1 online resource (939 pages) |
| Series |
Clarendon Law Series |
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Clarendon law series.
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| Contents |
Cover; Title Page; Copyright; Preface; Contents; List of Abbreviations; Table of Cases; Table of Legislation; Part I. Introduction; 1. Administrative Law and Public Administration; 1.1 Administrative law; 1; 1; 1.2 What is administrative law about?; 1.3 The province of administrative law; 1.4 The sources of administrative law; 1.5 Administrative law and administrative justice; 1.6 The plan of this book; 1.7 Conclusion; 2. The Institutional Framework of Public Administration; 2.1 The executive; 2.1.1 Separation of powers; 2.1.2 Responsible government |
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2.1.3 Separation of powers, ministerial responsibility, and the institutional framework of public administration2.1.4 Government by contract and the new public management; 2.1.5 Centralization and decentralization; 2.2 The legislature; 2.2.1 Supremacy of Parliament and the principle of legality; 2.2.2 Representation and participation; 2.3 The judiciary; 2.3.1 Separation of powers, rule of law, and judicial independence; Part II. The Normative Framework of Public Administration; 3. The Tasks and Functions of Public Administration; 3.1 Bureaucratic functions; 3.1.1 Rule-making by the executive |
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3.1.2 Adjudication by the executive3.2 Powers and duties; 3.3 Law, fact, and policy; 3.3.1 Law and fact; 3.3.2 Law and policy; 3.3.3 Fact and policy; 3.4 Conclusion; Section A. Public-Law Norms; 4. Procedure; 4.1 Fair procedure in decision-making; 4.1.1 The common law; 4.1.1.1 The rule against bias; 4.1.1.2 What is a fair hearing?; 4.1.1.3 When is a fair hearing (not) required?; 4.1.1.3.1 The nature of the affected person's interest; 4.1.1.3.2 The circumstances in which the decision is made; 4.1.1.3.3 The nature and content of the decision; 4.1.1.3.4 Exclusion of the fair hearing rule |
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4.1.1.3.5 Representation4.1.1.3.6 Reasons; 4.1.2 Statute; 4.1.3 ECHR; 4.1.3.1 Civil rights and obligations; 4.1.3.2 Fair and public hearing; 4.1.3.3 Within a reasonable time; 4.1.3.4 Independent and impartial tribunal; 4.1.3.5 Obligations to inquire; 4.1.3.6 The scope of the ECHR; 4.2 Fair procedure in rule-making; 5. Openness; 5.1 Openness and litigation; 5.1.1 Disclosure and inspection of documents; 5.1.2 Public-interest immunity, not Crown privilege; 5.1.3 Inspection to determine relevance; 5.1.4 Inspection to determine immunity; 5.1.5 Class and contents claims; 5.1.6 Confidentiality |
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5.1.7 PII and closed-material procedure5.1.8 Disclosure of documents and freedom of information; 5.2 Freedom of information; 5.3 Protection of sources; 5.4 Breach of confidence; 5.5 Access to personal information; 5.6 Conclusion; 6. Reasoning; 6.1 Discretion and rules; 6.2 Promoting discretion; 6.3 Discretion must not be fettered; 6.3.1 Fettering by decision; 6.3.1.1 Illegal decisions; 6.3.1.1.1 The 'delegation' exception; 6.3.1.1.2 The 'formality' exception; 6.3.1.1.3 Further exceptions?; 6.3.1.1.4 Detriment; 6.3.1.1.5 A balancing of interests approach; 6.3.1.2 Legal decisions |
| Summary |
Administrative Law provides a sophisticated but highly accessible account of a complex area of law of great contemporary relevance and increasing importance. Written in a clear and flowing style, the text has been radically reorganized and extensively rewritten to present administrative law as a framework for public administration. After an exploration of the nature, province, and sources of administrative law as well as the concept of administrative justice, the book briefly discusses the institutional framework of public administration. The second part of the book deals with the normative fra |
| Notes |
6.3.2 Fettering by soft law |
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English |
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Print version record |
| Subject |
Judicial review of administrative acts -- Great Britain
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Administrative law -- Great Britain
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Administrative law
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Judicial review of administrative acts
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Great Britain
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| Form |
Electronic book
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| ISBN |
9780191018947 |
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0191018945 |
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9780191029585 |
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0191029580 |
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0199692335 |
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9780199692330 |
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