Title: The Struggle for Simplicity in Administrative Law
Abstract: This is a revised version of a paper presented on 20 February 1986 by Sir Robin Cooke on administrative law. Sir Robin draws on more than 35 years of experience in the field to articulate what he considers to be a more “simple” approach to understanding administrative law. He begins with some warnings, cautioning counsel against the following: relying on extra-judicial comments by the judiciary (especially out of context), a dogmatic labelling of particular legal issues as being either “public” or “private”, and the use of obscure complications of principle. He then explains that the essential function of judicial review is to ensure that decision-makers act in accordance with the law, fairly and reasonably. Sir Robin then discusses each of these three heads, noting that they overlap. In doing so, he draws on cases, including Northumberland [1952] 1 KB 338, Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 (CA), and Bromley London Borough Council v Greater London Council [1983] 1 AC 768.Abstract by Tim Cochrane
Publication Year: 1986
Publication Date: 1986-02-20
Language: en
Type: article
Access and Citation
Cited By Count: 6
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