The Anatomy of Administrative Law

ISBN-13: 9781509925339 / Angielski / Twarda / 2020 / 312 str.

Joanna Bell

Spis treści

1. Introduction I. What is ‘Administrative Law’? II. The Book’s Three Main Aims III. The Trajectory of Argument: An Overview of the Book’s Chapters IV. Scope V. Conclusion 2. The Development of Modern Administrative Law I. Administrative Law’s Modern History II. Two Core Lessons III. Conclusion 3. The Anatomy of Administrative Law I. First Sense of Complexity and Variety: The Interrelationship of Administrative Law Doctrine and the Legislative Framework in the Background of the Case II. Second Sense of Complexity and Variety: Administrative Law Protects an Array of Different Values, Purposes and Interests III. Third Sense of Complexity and Variety: Administrative Law Adjudication Concerns Different Kinds of Legal Relationship IV. Conclusion 4. Procedural Review I. What is ‘Procedural Review’? II. The Evolution of Procedural Review III. Why is it Proving Difficult to Develop an Overarching Account of Procedural Fairness? IV. Do the Difficulties in Developing a General Account of Procedural Review Indicate a Lack of Structure in Judicial Reasoning? V. Conclusion 5. Legitimate Expectations I. What is a ‘Legitimate Expectations’ Case? II. The Development of Legitimate Expectations III. Why is an Overarching Explanation of Legitimate Expectations Proving Elusive? IV. Is the Law Characterised by Unpredictability, Incoherence and Lack of Judicial Restraint? V. Conclusion 6. Standing I. The Evolution of Standing II. Why has a Singular Approach to Standing not Emerged? III. How do the Courts Determine Whether an Applicant has a Sufficient Interest? IV. Conclusion 7. Monism I. Two Monistic Accounts of Administrative Law and their Deficiencies II. The Appeals of Monism III. Conclusion 8. Conclusion I. The Three Main Aims of the Book Revisited II. Practical Implications III. Final Words