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Administrative Law

Administrative Law (5th edn)

Timothy Endicott
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date: 12 December 2024

p. 31. Administration and the principles of the constitutionlocked

p. 31. Administration and the principles of the constitutionlocked

  • Timothy EndicottTimothy EndicottFellow in Law, Balliol College, Professor of Legal Philosophy, University of Oxford

Abstract

Administrative law includes a complex variety of processes and doctrines that confer and control public power. This chapter outlines the underlying principles of administrative law. Topics discussed include the core principle of administrative law: opposition to arbitrary use of power. That principle is introduced through the story of habeas corpus from the middle ages to the twenty-first century. The constitutional principles of administrative law also include parliamentary sovereignty, the separation of powers, the rule of law, comity among constitutional authorities, accountability, and a newly emerging principle of open government. The chapter shows how the common law and legislation can achieve adherence to these principles of administrative law.

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