Understanding Administrative Law in the Common Law World

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Paul Daly (University Research Chair in Administrative Law and Governance, University Research Chair in Administrative Law and Governance, University of Ottawa)

Understanding Administrative Law in the Common Law World

Paul Daly (University Research Chair in Administrative Law and Governance, University Research Chair in Administrative Law and Governance, University of Ottawa)

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English

Oxford University Press
28 October 2021

Comparative law; Constitutional & administrative law; Judicial review

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, the author 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. Addressing this wide array of subjects in detail, the book demonstrates how a pluralist approach, with the values being employed in a complementary and balanced fashion, can enhance our understanding of administrative law. Furthermore, such an approach can guide 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. The book closes by arguing that the author's values-based, pluralist framework supports the legitimacy of contemporary administrative law which, although sometimes called into question, facilitates the flourishing of individuals, of public administration, and of the liberal democratic system.

By: Paul Daly (University Research Chair in Administrative Law and Governance University Research Chair in Administrative Law and Governance University of Ottawa)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 1
Dimensions: Height: 240mm, Width: 165mm, Spine: 23mm
Weight: 1g
ISBN: 9780192896919
ISBN 10: 0192896911
Pages: 320
Publication Date: 28 October 2021
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

Dr Paul Daly holds the University Research Chair in Administrative Law & Governance at the University of Ottawa. Educated at University College Cork, the University of Pennsylvania Law School, and the University of Cambridge, he has taught administrative law as a faculty member at the University of Cambridge, the Université de Montréal, and the University of Ottawa, and as a visiting professor at the Université Paris II Panthéon-Assas. His award-winning scholarship has been cited dozens of times by courts in Australia, Canada, and Ireland. He is a regular speaker at national and international academic conferences, as well as professional development events, including for members of the judiciary.

Reviews for Understanding Administrative Law in the Common Law World

In providing the path to resolving difficult issues Understanding Administrative Law in the Common Law World is a valuable and outstanding work. Dr Daly's book provides a deep, reflective approach to administrative law that establishes foundational values that guide the principles which, themselves, form the basis for the understanding and development of administrative law rules. * Justice James Edelman and Susanna Connolly, Australian Journal of Administrative Law * marvellous * Peter Cane, British Association of Comparative Law Symposium * interesting and involves coverage of an impressive range of case law from different jurisdictions within the common law ... a very good book * John Bell, British Association of Comparative Law Symposium * Professor Paul Daly's new book, Understanding Administrative Law in the Common Law World, represents a major contribution to thinking about administrative law in common law systems. I very much enjoyed reading it and gained a lot from it. It is a book that is likely to be very widely read and is destined to shape understanding of administrative law ... the book is a major achievement. * Jason N E Varuhas, Admin Law Blog * This book is a worthwhile exploration of the values that should permeate judicial review of administrative action ... the book provides a framework for understanding the barnacles on the hull of a shipwreck that is administrative law. * Ian Mackenzie, Slaw - Canada's online legal magazine *