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Administrative Law

Administrative Law (4th edn)

Timothy Endicott
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date: 23 January 2022

p. 36310. How to sue the government: judicial processes and judicial remedieslocked

p. 36310. How to sue the government: judicial processes and judicial remedieslocked

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

Abstract

This chapter addresses the extraordinary process of judicial review and the remedies available to the court. The process and remedies are compared to the process and remedies in ordinary claims (which can also be used to control administrative action). In their self-regulation in developing these complex processes, the challenge for judges is to keep things in proportion: the attempt to achieve due process in judicial control of administrative action is essential to the administration of justice. The chapter explains the irony of process, which was introduced in Chapter 4: the courts may need to provide forms of process that are excessive and wasteful in some cases, in order to protect the administration of justice.

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