This chapter discusses the right to a fair hearing, which has been used by the courts as a base on which to build a kind of code of fair administrative procedure, comparable to ‘due process of law’ under the Constitution of the United States. Topics covered include administrative cases and statutory hearings, the retreat from natural justice, the right to be heard, the protection of legitimate expectations, and exceptions to the right to a fair hearing.
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Sir William Wade and Christopher Forsyth
This chapter first discusses how the courts have devised a code of fair administrative procedure based on doctrines which are an essential part of any system of administrative justice. It then explains the concept of administrative justice and natural justice; natural justice in the common law; the European Convention and natural justice in administrative proceedings; and the curative effect of access to a court of ‘full jurisdiction’.
Chapter
Sir William Wade and Christopher Forsyth
This chapter begins with a discussion of judicial and administrative impartiality, including cases when a judge is disqualified because he may be or fairly suspected to be biased, a history of the test bias, and application of the ‘fair-minded and well-informed observer’ test. It then describes the causes and effects of prejudice.
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Panels, committees, tribunals, referees, adjudicators, commissioners, and other public authorities decide many thousands of disputes each year over (for example) entitlement to benefits, or tax liability, or political asylum, or the detention of a patient in a secure hospital. The massive array of agencies reflects the great variety of benefits and burdens that twenty-first-century government assigns to people. The array had no overall organization until 2007, when Parliament transformed it into a complex system. This chapter explains the benefits of integrating these decision-making agencies in the new system. The law needs to tailor their structure, processes, and decision-making techniques to the variety of purposes they serve. And the law needs to achieve proportionate process, by reconciling competing interests in legalism and informality in tribunal processes.
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Panels, committees, tribunals, referees, adjudicators, commissioners, and other public authorities decide many thousands of disputes each year over (for example) entitlement to benefits, or tax liability, or political asylum, or the detention of a patient in a secure hospital. The massive array of agencies reflects the great variety of benefits and burdens that twenty-first-century government assigns to people. The array had no overall organization until 2007, when Parliament transformed it into a complex system. This chapter explains the benefits of integrating these decision-making agencies in the new system. The law needs to tailor their structure, processes, and decision-making techniques to the variety of purposes they serve. And the law needs to achieve proportionate process by reconciling competing interests in legalism and informality in tribunal processes.
Chapter
Sir William Wade and Christopher Forsyth
This chapter is concerned with the special features of the administrative power to legislate. The discussions cover the necessity of delegated legislation; the scope of administrative legislation; legal forms and characteristics; judicial review; publication; preliminary consultation; and parliamentary supervision.
Chapter
Sir William Wade and Christopher Forsyth
This introductory chapter begins with a discussion of the definition of administrative law. It then turns to the characteristics of the law, covering the legal systems of Britain and Continental Europe, EU law, European human rights, the development of administrative law in England, and the failure of administrative law to keep pace with the expanding powers of the state in the twentieth century.
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 eleventh 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 developments in constitutional and administrative law, including those relating to devolution and Brexit.
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Sir William Wade and Christopher Forsyth
Remedies are awarded only to litigants who have sufficient locus standi, or standing. The law starts from the position that remedies are correlative with rights, and that only those whose own rights are at stake are eligible to be awarded remedies. No one else will have the necessary standing before the court. This chapter discusses the old and new law of standing; discretionary power of the court to withhold remedies; exhaustion of remedies; protective and preclusive (ouster) clauses; exclusive statutory remedies; and ‘default powers’, i.e. special powers under which ministers may take steps to compel local authorities to carry out their functions properly.
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Sir William Wade and Christopher Forsyth
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.
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 tenth edition incorporates all 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 developments in constitutional and administrative law, including those relating to devolution and Brexit.
Chapter
Sir William Wade and Christopher Forsyth
This chapter begins with a discussion of public corporations, covering the uses of corporate personality, legal status and liability, and relevance in administrative law. It then describes the mechanisms of privatization and nationalization, the changing nature of regulation, and some regulatory mechanisms, including the regulation of commerce, financial services, and public utilities.
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Sir William Wade and Christopher Forsyth
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.
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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 arbitrary government and the core of administrative law, administration, the principle of relativity, the principles of the constitution, system principles, accountability, and Europe and the principles of the constitution.
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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.
Book
Mark Elliott and Jason N. E. Varuhas
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.
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Sir William Wade and Christopher Forsyth
This chapter discusses the liability of public authorities. Topics covered include categories of liability; liability under EU law; 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.
Book
William Wade and Christopher Forsyth
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 eleventh 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.
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This chapter provides an introduction to the concept of judicial review. It discusses what judicial review is and is not about; the nature of administrative law; the relation of judicial review to three key themes crucial to understanding the modern British constitution—accountability, political and legal constitutionalism, and demarcation disputes in the multilayered constitution; and the constitutional basis of judicial review.
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This chapter provides an introduction to the concept of judicial review. It discusses what judicial review is and is not about; the nature of administrative law; the relation of judicial review to three key themes crucial to understanding the modern British constitution—accountability, political and legal constitutionalism, and demarcation disputes in the multilayered constitution; and the constitutional basis of judicial review.
