A Values-based Approach

2021 ◽  
pp. 1-31
Author(s):  
Paul Daly
Keyword(s):  
New Zealand ◽  
Future Development ◽  
Administrative Law ◽  
Comparative Approach ◽  
Scholarly Literature ◽  
Administrative Action ◽  
The Core ◽  
The Subject ◽  
Individual Self ◽  
Core Features

This chapter introduces the means of achieving the three objectives of this book: to enhance the understanding, guide the future development and justify the core features of contemporary administrative law. First, the historical backdrop to the development, in recent decades, of general principles of administrative law is explained. Second, the four values which provide structure to the law of judicial review of administrative action are introduced: individual self-realisation, good administration, electoral legitimacy and decisional autonomy. Third, an explanation on how these values are used to interpret the core features of contemporary administrative law is given. Fourth, the chapter addresses the book’s comparative approach, justifying the choice of Australia, Canada, England, Ireland and New Zealand as its focus. Fifth, this chapter situates the book’s interpretivist approach, which relies on a plurality of values, in the existing scholarly literature on administrative law, noting that unlike others this book does not argue that there is one single meta-value, meta-principle or meta-concept around which the subject revolves. Lastly, this chapter provides an overview of the rest of this book.

Understanding Administrative Law in the Common Law World

2021 ◽  
Author(s):  
Paul Daly
Keyword(s):  
Future Development ◽  
Judicial Review ◽  
Common Law ◽  
Administrative Law ◽  
Administrative Action ◽  
The Core ◽  
The Common ◽  
The Law ◽  
Pluralist Approach ◽  
Core Features

This book has three goals: to enhance understanding of administrative law; to guide future development of the law; and to justify the core features of the contemporary law of judicial review of administrative action. Around the common law world, the law of judicial review of administrative action has changed dramatically in recent decades, accelerating a centuries-long process of incremental evolution. This book offers a fresh framework for understanding the core features of contemporary administrative law. Through comparative analysis of case law from Australia, Canada, England, Ireland and New Zealand, Dr Daly develops an interpretive approach by reference to four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy. The interaction of this plurality of values explains the structure of the vast field of judicial review of administrative action: institutional structures, procedural fairness, substantive review, remedies, restrictions on remedies and the scope of judicial review, everything from the rule against bias to jurisdictional error to the application of judicial review principles to non-statutory bodies. Addressing this wide array of subjects in detail, Dr Daly demonstrates how his pluralist approach, with the values being employed in a complementary and balanced fashion, can enhance academics’, students’, practitioners’ and judges’ understanding of administrative law. Furthermore, this pluralist approach is capable of guiding the future development of the law of judicial review of administrative action, a point illustrated by a careful analysis of the unsettled doctrinal area of legitimate expectation. Dr Daly closes by arguing that his values-based, pluralist framework supports the legitimacy of contemporary administrative law which although sometimes called into question in fact facilitates the flourishing of individuals, of public administration and of the liberal democratic system.

Defending Administrative Law

2021 ◽  
pp. 247-262
Author(s):  
Paul Daly
Keyword(s):  
Future Development ◽  
Judicial Review ◽  
Administrative Law ◽  
Moral Foundations ◽  
Administrative Action ◽  
The Core ◽  
Liberal Democratic ◽  
Interpretive Analysis ◽  
System P ◽  
Democratic System

This concluding chapter has two objectives. First, to demonstrate the robustness of the interpretation of contemporary administrative law presented in the preceding chapters, underscoring how useful this interpretive analysis is to understanding the law of judicial review of administrative action and guiding its future development. Second, the chapter defends the legitimacy of the core features of judicial review of administrative action, as these have been developed over the years by judges. In achieving these two objectives, the chapter relies on the criteria for testing the robustness of legal theories set out by Professor Stephen Smith in Contract Theory: fit, transparency, coherence and morality. The interpretation of contemporary administrative law described in this book fits the decided cases, it is reasonably transparent, it is coherent and it rests on recognisably moral foundations. In short, to conclude, contemporary administrative law facilitates the flourishing of individuals, of public administration and of the liberal democratic system.

scholarly journals Ameliorating the collateral damage caused by collateral attack in administrative law

2020 ◽  
Author(s):  
Dean Knight
Keyword(s):  
New Zealand ◽  
Individual Case ◽  
Administrative Law ◽  
Collateral Damage ◽  
Criminal Proceedings ◽  
Administrative Action ◽  
Unique Character ◽  
Private Rights ◽  
Straightforward Approach ◽  
Public Bodies

Collateral attack is the indirect challenge of administrative decisions, instruments or actions in civil and criminal proceedings for the purpose of determining private rights. Collateral challenges are a common way litigants seek to contest actions of the executive or other public bodies, and represent a different mechanism for the courts to exercise their supervisory jurisdiction over administrative action. The New Zealand courts have adopted a straightforward approach to the doctrine of collateral attack, generally allowing such challenges. This paper explores the principles that underlie the doctrine of collateral attack and the potential difficulties that the doctrine creates. It is argued that the courts should take a more principled approach to determining whether collateral attack should be allowed in any individual case. A number of "touchstones" are proposed to ameliorate any collateral damage to administrative law's unique character while still ensuring that people are able to challenge the invalidity of administrative instruments, decisions or actions as and when they arise in civil and criminal proceedings

scholarly journals Ameliorating the collateral damage caused by collateral attack in administrative law

2020 ◽  
Author(s):  
Dean Knight
Keyword(s):  
New Zealand ◽  
Individual Case ◽  
Administrative Law ◽  
Collateral Damage ◽  
Criminal Proceedings ◽  
Administrative Action ◽  
Unique Character ◽  
Private Rights ◽  
Straightforward Approach ◽  
Public Bodies

Collateral attack is the indirect challenge of administrative decisions, instruments or actions in civil and criminal proceedings for the purpose of determining private rights. Collateral challenges are a common way litigants seek to contest actions of the executive or other public bodies, and represent a different mechanism for the courts to exercise their supervisory jurisdiction over administrative action. The New Zealand courts have adopted a straightforward approach to the doctrine of collateral attack, generally allowing such challenges. This paper explores the principles that underlie the doctrine of collateral attack and the potential difficulties that the doctrine creates. It is argued that the courts should take a more principled approach to determining whether collateral attack should be allowed in any individual case. A number of "touchstones" are proposed to ameliorate any collateral damage to administrative law's unique character while still ensuring that people are able to challenge the invalidity of administrative instruments, decisions or actions as and when they arise in civil and criminal proceedings

Comparative Administrative Law

2019 ◽  
pp. 1249-1275 ◽  
Author(s):  
John S. Bell
Keyword(s):  
Institutional Context ◽  
Administrative Law ◽  
Comparative Approach ◽  
Full Account ◽  
National Institutions ◽  
The Subject

Comparative administrative law is a long-standing discipline. The study of other administrative law systems both in order to understand one’s own system better and to find models for improvement has been occurring for over 150 years. It is closely bound up with national institutions and traditions, as well as national constitutional values and ways of operating. Any comparative approach has to take full account of the institutional context in which a particular problem or procedure occurs and to ensure that full account of these nationally specific features is taken before any attempt is made to generalize or compare. This article describes the scope of the subject, the values served by administrative law, and influences shaping administrative law. It also compares the powers, organizations, and procedures of the administration, as well as legal redress.

scholarly journals Rethinking Global Administrative Law: Formulating a working definition of “global administrative action”

2021 ◽  
Author(s):  
◽  
Luke Hilton
Keyword(s):  
South Africa ◽  
New Zealand ◽  
Global Scale ◽  
Administrative Law ◽  
Bottom Up ◽  
Global Institutions ◽  
Administrative Action ◽  
Working Definition ◽  
Dispute Settlements ◽  
Definition Of

<p>Global administrative law (GAL) aims to plug the “accountability deficit” in global institutions by projecting national administrative law principles onto the global scale. Global administrative action has been provisionally delineated as "rulemaking, adjudication, and other decisions that are neither treaty-making nor simple dispute settlements between parties”. But the concept has not yet been defined. The paper adopts a “bottom up” approach by analysing the domestic administrative law of America, New Zealand, and South Africa in order to construct a definition of global administrative action. The paper presents a working definition of the concept.</p>

Scope of Judicial Review of Administrative Action

2021 ◽  
pp. 200-223
Author(s):  
Paul Daly
Keyword(s):  
Judicial Review ◽  
Administrative Law ◽  
Administrative Action ◽  
Turn On ◽  
The Law ◽  
Individual Self ◽  
Case Basis

The law relating to the scope of judicial review of administrative action is somewhat unclear and has a particular tendency to be decided on a case-by-case basis. Indeed, amenability to judicial review will often turn on the application of particular constitutional, statutory or regulatory provisions: in Australia and Canada, for instance, there are multiple judicial review jurisdictions, at federal and state/provincial/territorial level, each with their own idiosyncrasies. This chapter argues, nonetheless, that administrative law values are helpful in understanding the decided cases, with individual self-realisation, good administration, electoral legitimacy and decisional autonomy providing meaningful guidance in navigating the jurisprudence. This chapter also offers some suggestions as to how the law relating to scope of judicial review could be improved, further underscoring how useful it is to understand the law of judicial review of administrative action in terms of administrative law values.

The Nature and Future of Econophysics

2009 ◽  
pp. 76-81 ◽  
Author(s):  
J. B. Rosser-Jr.
Keyword(s):  
Future Development ◽  
Interdisciplinary Research ◽  
The Core ◽  
New Methods ◽  
The Subject ◽  
Main Engine ◽  
Core Issues

The article presents an overview of econophysics, its main issues, history and possible paths of future development. Descriptions of the subject, problems and methodology are provided. The questions are raised such as what the contribution of the new discipline to the core issues in economics is and whether the new methods and approaches could be applied in physics. The role of the interdisciplinary research which tends to become the main engine of development in econophysics is discussed in detail.

Administrative Law

2017 ◽  
Author(s):  
Mark Elliott ◽  
Jason N. E. Varuhas
Keyword(s):  
Administrative Law ◽  
Public Law ◽  
The State ◽  
Public Authorities ◽  
Legal Rules ◽  
Administrative Action ◽  
The Status ◽  
The Subject ◽  
The Relationship ◽  
Comprehensive Coverage

Administrative Law Text and Materials combines carefully selected extracts from key cases, articles, and other sources with detailed commentary. This book provides comprehensive coverage of the subject and brings together in one volume the best features of a textbook and a casebook. Rather than simply presenting administrative law as a straightforward body of legal rules, the text considers the subject as an expression of underlying constitutional and other policy concerns, which fundamentally shape the relationship between the citizen and the state. Topics covered include: jurisdiction, the status of unlawful administrative action, public law principles, abuses of discretion, fairness, remedies, and the liability of public authorities.

scholarly journals Depiction of Shuttlecock Burqa in Pakistani contemporary Art

2020 ◽  
Vol 04 (01) ◽  
pp. 141-163
Author(s):  
Nadia Abbasi
Keyword(s):  
Contemporary Art ◽  
Final Section ◽  
The Core ◽  
Historical View ◽  
The Status ◽  
The Subject ◽  
Core Features

The main objective of this dissertation is to explore and study the core features of controversy that surrounds Shuttlecock Burqa in Pakistani contemporary art. This paper is divided into two portions including the conclusion. The first part traces the historical view as veil (parda) and its origin. The second and final section presents a discussion on Pakistani controversial (especially) contemporary art, with emphasis on the paintings which are based on the subject of shuttlecock burqa. To explore whether the status of shuttlecock burqa is controversial or not? The researcher conducted a survey and presented quantified information / data. The findings and analysis of the survey, provides answers about how our public in the post 9/11 scene, perceives the issues that builds up controversy around shuttlecock burqa. Conclusion of the research is based on analysis of survey findings and portrayal of shuttlecock burqa in Pakistani contemporary art.

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