By Longley & James, Diane Longley, Rhonda James
This publication appears to be like at administrative legislation from a socio-legal standpoint opposed to a historical past of constitutional ideas. It scrutinises the present associations within the mild of constitutional beliefs and highlights the discrepancies among underlying goals and truth. It considers, within the wide feel, how criminal recommendations are utilized in the improvement and implementation of presidency coverage and to what volume this enables for the enhancement of democratic participation and legitimacy of determination making.
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Extra info for Administrative Justice : Central Issues in UK and European Administrative Law
This meant that both the remedies available and their scope were best suited to disputes where litigants tended to have equality of power. Administrative disputes, on the contrary, often centre around a formulation of public interest and disputes involve the State and the individual or group on unequal terms. For example, the administration generally has better access to information and other necessary resources. In effect, the courts in England have had to operate for public law 20 A concept borrowed from company law.
43 Op cit, Laws, fn 32, p 63, and op cit, Peters, fn 35, pp 51–52. 26 The Justice Issue and adopted in decision making. Yet, where a decision results in the possibility that someone might lose their life, the very minimum requirement is that the processes by which the decision has been made are fair and the ‘evidence’ is not selected to suit unarticulated agendas or values.
Exceptions to these rights may only be on the grounds of public interest and must be just and reasonable. He contrasts this with the common law approach, which has traditionally been the protection of individual liberties only in the context of negative rights, which gave little protection against misuse of power by the State or against the activities of public bodies. He argues that this will have a profound effect on the way in which the courts deal with substantive rights, leading to more principled, rather than pragmatic judgments.
Administrative Justice : Central Issues in UK and European Administrative Law by Longley & James, Diane Longley, Rhonda James