Wade & Forsyth’s Administrative Law provides a perceptive account, and an unparalleled level of coverage, of the principles of judicial review and a sketch of the administrative arrangements of the UK. First published in 1961, Administrative Law a classic text. In the twelfth edition, the text brings its account of administrative law up to date in light of recent case law and legislation. The volume covers the following areas of administrative law: authorities and their functions; the influence of Europe; powers and jurisdiction; discretionary power; natural justice; remedies and liability; and administrative legislation and adjudication.
Book
William Wade, Christopher Forsyth, and Julian Ghosh
Chapter
10. Procedural Fairness
Mark Elliott and Jason Varuhas
This chapter examines the notion of procedural fairness as a technical area of administrative law. It begins with an overview of D. J. Galligan's attempt to provide what he calls ‘a general theory of fair treatment’ by addressing what it is that legal rules requiring procedural fairness might seek to achieve. It then considers the view that procedural fairness is valuable in both instrumental and non-instrumental terms before discussing two interlocking questions that must be confronted if the notion of procedural fairness is to be understood: when decision-makers are required to act fairly and what ‘acting fairly’ actually means. In particular, it explains the content of the duty to act fairly. Finally, it describes consultation as an element of procedural fairness. A number of relevant cases are cited throughout the chapter, including Cooper v. The Board of Works for Wandsworth District (1863).
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3. The Status of Unlawful Administrative Action
Mark Elliott and Jason Varuhas
This chapter examines the status of unlawful administrative action, and more specifically whether unlawful administrative action is void or voidable. It first considers the practical and theoretical arguments that address the ‘void or voidable’ question by focusing on the case of Boddington v. British Transport Police [1999] 2 AC 143, along with four post-Boddington decisions. It then discusses the nature of voidness, with particular emphasis on the presumption of validity and the principle of legal relativity. It also explores the divergent theoretical perspectives upon administrative law that underpin the different approaches that writers adopt to the status of unlawful administrative acts. Finally, it looks at voidness in relation to collateral challenge and suggests that the disagreements regarding the status of unlawful administrative action, at least to some extent, pertain not to what constitutes a desirable outcome but to the form of judicial reasoning that prefigures the reaching of the outcome.
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7. Abuse of Discretion I
Mark Elliott and Jason Varuhas
This chapter examines principles of administrative law which seek to prevent abuse of discretion. It first considers the notion that there is no such thing as an unfettered discretion before discussing two key principles that encourage a mode of administration which is faithful to the legislative scheme set out by Parliament: those which require decision-makers to act only on the basis of factors which are legally relevant, and those which dictate that statutory powers may be used only for the purposes for which they were created. It also explores the propriety of purpose doctrine and the relevancy doctrine, citing a number of relevant cases such as Padfield v. Minister of Agrictulture, Fisheries and Food [1968] AC 997.
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8. Abuse of Discretion II
Mark Elliott and Jason Varuhas
This chapter examines grounds of judicial review that are substantive in two senses: it reduces the range of substantive options open to a decision-maker, or it involves judicial examination of the quality of the reasons for the decision itself, rather than the quality of the process adopted by the decision-maker. The chapter first considers the doctrine of reasonableness or rationality in administrative law before discussing the doctrine of proportionality and the notion of judicial deference in relation to variable intensity review. It also explores the role of the proportionality test in English law and the question of whether English courts are heading towards jettisoning the reasonableness doctrine in favour of utilizing proportionality in all relevant cases.
Book
David Yuratich
Public Law: Principles to Practice begins by looking at the difference between public and private law. Public law is about the relationship between citizens and the state and the various institutions within the state, and includes any aspect of how the state interacts with its citizens. However, the term ‘public law’ is most commonly used to refer to two interconnected areas of law: administrative law and constitutional law. After a general introduction to the subject, the second part of the book focuses on UK constitutional law. Chapters detail topics such as the separation of powers, accountability and Parliament, the rule of law, prerogative powers, devolution, and local government. The next part of the book moves on to consider administrative law. Here, the book examines judicial review, looking at irrationality and proportionality, legitimate expectations, and administrative justice. The last chapter looks at tribunals, ombudsmen, and public inquiries and the book ends with a glossary of terms.
Book
Ian Loveland
Constitutional Law, Administrative Law, and Human Rights provides an in-depth cross disciplinary introduction to the subject of public law, covering the core elements of a constitutional and administrative law syllabus. In addition, it explores the latest ongoing debates around potential constitutional reforms. The book draws heavily on historical sources and on ideas from political science and political theory as well as legal and social history. It also includes detailed coverage of the UK’s proposed departure from the European Union after the 2016 referendum and the subsequent Miller litigations, as well as the negotiations on the terms of departure. It looks at the polarised positions of ‘soft brexit’ and ‘hard brexit’ and examines what brexit might actually mean for the United Kingdom.
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1. Introductory Matters
Mark Elliott and Jason Varuhas
This introduction provides an overview of administrative law and administrative power in the UK. It begins with a discussion of the ‘red light’ and ‘green light’ theories of administrative law, along with judicial review. In particular, it considers the scope and intensity of judicial review, why judicial review is expanding, and whether (more) judicial review is a good thing. It then examines the debate about the constitutional basis of judicial review, focusing on the ultra vires doctrine and its modified version, and whether judicial review must be related to legislative intention. It also explains administrative power in the modern UK constitution, paying attention to the main features of the devolution systems, the powers and nature of the devolved institutions, the political and legal accountability of devolved administrations, and the powers of the local government.
Chapter
11. Giving Reasons for Decisions
Mark Elliott and Jason Varuhas
This chapter examines the content and scope of the duty to give reasons, suggesting that giving reasons for decisions should be treated as a central facet of procedural fairness in administrative law. It first differentiates the duty to give reasons from the duty to give notice, the possibility of inferring unreasonableness from an absence of reasons, the proportionality doctrine, and the duty of candour. It then considers why reasons are required and goes on to discuss the duty to give reasons at common law. It also describes statutory duties and other duties to give reasons, paying attention to the provisions of the Freedom of Information Act 2000 and Article 6 of the European Convention on Human Rights. Finally, it analyzes the question of whether a duty to give reasons has been discharged, and provides an overview of the remedial consequences of a breach of the duty to give reasons.
Chapter
2. Jurisdiction
Mark Elliott and Jason Varuhas
This chapter focuses on jurisdiction, beginning with the distinction between jurisdictional and non-jurisdictional matters. In particular, it considers whether something falls into the ‘jurisdictional’ or ‘merits’ question and how to decide into which category a given matter should be placed. It then examines the power to detain illegal entrants and how to determine whether a particular individual is an illegal entrant. It also discusses jurisdictional and non-jurisdictional errors of law and goes on to review one of the most celebrated cases in modern administrative law: the decision of the House of Lords in Anisminic Ltd v. Foreign Compensation Commission [1969] 2 AC 147. The chapter concludes with an analysis of errors of law as jurisdictional errors; the institutional status of the decision-maker; the nature of the statutory provision; applying statutory criteria to the facts; supervision of the fact-finding process; subjective jurisdictional criteria; and non-compliance with statutory requirements.
Chapter
5. Retention of Discretion
Mark Elliott and Jason Varuhas
This chapter discusses the principles of administrative law which require decision-makers to retain the discretion which they are granted. It first considers the question of delegation of discretionary powers as well as the non-delegation principle before explaining the nature of delegation. It then examines the courts' approach with respect to departmental decision-making in central government and how far the discretionary freedom of the decision-maker designated by statute may be constrained by delegation and the adoption of policies. It also shows why it is often desirable or even necessary for decision-makers to exercise their discretion in line with a policy or a set of criteria. Finally, it looks at judicial moves towards ensuring that exercise of discretion is structured and legally constrained by publicly available policy. A number of relevant cases are cited throughout the chapter, including Barnard v. National Dock Labour Board [1953] 2 QB 18.
Book
Lisa Webley and Harriet Samuels
Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Complete Public Law combines clear explanatory text and practical learning features with extracts from a wide range of primary and secondary materials. The book has been structured with the needs of undergraduate courses in mind. Opening with consideration of basic constitutional principles (in which no previous knowledge is assumed), the chapters move on to cover all other essential areas, before closing with consideration of the principles and procedures of judicial review. This edition includes substantial updates to address the UK’s withdrawal from the European Union and the constitutional implications these new arrangements have, including in the context of devolution.
Book
Mark Elliott and Robert Thomas
Public Law is an advanced text that comprehensively covers the key topics in the field of public law. The book presents an analysis of the law and institutions of public law, and places the legal issues within the wider socio-political context within which the constitution operates. Three key themes that permeate the content allow readers to approach the subject in a structured way. The key themes are the significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account, the shift in recent times from a political to a more legal constitution and the implications of this change, and the increasingly ‘multilayered’ character of the British constitution.
Book
Mark Elliott and Robert Thomas
Public Law is an advanced text that comprehensively covers the key topics in the field of public law. The book presents an analysis of the law and institutions of public law, and places the legal issues within the wider socio-political context within which the constitution operates. Three key themes that permeate the content allow readers to approach the subject in a structured way. The key themes are the significance of executive power in the contemporary constitution and the challenge of ensuring that those who wield it are held to account, the shift in recent times from a political to a more legal constitution and the implications of this change, and the increasingly ‘multilayered’ character of the British constitution.
Chapter
7. Personal rights and freedoms
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter considers the rights and freedoms provided by the European Convention on Human Rights and Fundamental Freedoms (ECHR), and the Human Rights Act 1998.
Book
Neil Parpworth
The purpose of this book is to introduce the reader to the fundamental principles and concepts of constitutional and administrative law. It is highly popular with undergraduates for its clear writing style and the ease with which it guides the reader through key principles of public law. This twelfth edition incorporates the significant developments in this ever-changing area of the law. The book also includes a range of useful features to help students get to grips with the subject matter. These include further reading suggestions to support deeper research, a large number of self-test questions to help reinforce knowledge, and chapter summaries and numbered paragraphs to aid navigation and revision. This new edition has been fully updated to cover all the latest reforms in constitutional and administrative law, including those relating to devolution and Brexit.
Chapter
17. Boundaries of Judicial Review
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter discusses the scope of judicial review. Judicial review is a procedure for obtaining the remedies specified in the Senior Courts Act 1981, namely the quashing order, the prohibiting order and the mandatory order, and declaration and injunction. The scope of judicial review, therefore, is the same as the scope of these remedies. Their boundaries, as set out already, are fairly clear, but in the non-statutory area they are uncertain.
Chapter
18. Procedure of Judicial Review
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter discusses the application for judicial review. The development of the application is complicated and intertwined with the historical deficiencies and peculiarities of the remedies themselves. Thus, the chapter begins with an account of the defects in the prerogative remedies that spurred the creation of the application. It then discusses the creation of the application for judicial review and subsequent developments; and the divorce of public and private law.
Chapter
20. Liability of Public Authorities
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter discusses the liability of public authorities. Topics covered include categories of liability; liability for breach of human rights; liability for the tort of negligence; strict liability; breach of statutory duty; misfeasance in public office; statement of general principles of liability; immunities and time limits for actions in tort; liability in contract; liability to make restitution; and liability to pay compensation where there has been no tort or breach of contract.
Chapter
24. Statutory and Other Inquiries
Sir William Wade, Christopher Forsyth, and Julian Ghosh
This chapter begins with a discussion of statutory inquiry, which is the standard technique for giving a fair hearing to objectors before the final decision is made on some question of government policy affecting citizens’ rights or interests. It then turns to complaints and reforms; law and practice today in statutory inquiries; and other inquiry procedures.
