Around the common law world, the law of judicial review of administrative action has changed dramatically in recent decades, accelerating a centuries-long process of incremental evolution. This book offers a fresh framework for understanding the core features of contemporary administrative law.
Through comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand, the author develops an interpretive approach by reference to four values: individual self-realisation, good administration, electoral legitimacy, and decisional autonomy. The interaction of this
plurality of values explains the structure of the vast field of judicial review of administrative action: institutional structures, procedural fairness, substantive review, remedies, restrictions on remedies, and the scope of judicial review. Addressing this wide array of subjects in detail, the
book demonstrates how a pluralist approach, with the values being employed in a complementary and balanced fashion, can enhance our understanding of administrative law. Furthermore, such an approach can guide the future development of the law of judicial review of administrative action, a point
illustrated by a careful analysis of the unsettled doctrinal area of legitimate expectation. The book closes by arguing that the author's values-based, pluralist framework supports the legitimacy of contemporary administrative law which, although sometimes called into question, facilitates the
flourishing of individuals, of public administration, and of the liberal democratic system.
1. A Values-Based Approach
2. Institutional Structures
3. Procedural Fairness
4. Substantive Review
5. Remedies
6. Restrictions on Remedies
7. Scope of Judicial Review of Administrative Action
8. Legitimate Expectation
9. Defending Administrative Law
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Dr. Paul Daly holds the University Research Chair in Administrative Law & Governance at the University of Ottawa. Educated at University College Cork, the University of Pennsylvania Law School, and the University of Cambridge, he has taught administrative law as a faculty member at the
University of Cambridge, the Université de Montréal, and the University of Ottawa, and as a visiting professor at the Université Paris II Panthéon-Assas. His award-winning scholarship has been cited dozens of times by courts in Australia, Canada, and Ireland. He is a regular speaker at national and
international academic conferences, as well as professional development events, including for members of the judiciary.
Making Sense - Margot Northey
The Oxford Handbook of Comparative Administrative Law - Edited by Peter Cane, Herwig C. H. Hofmann, Eric C. Ip and Peter L. Lindseth
Effective Judicial Review - Edited by Christopher Forsyth, Mark Elliott, Swati Jhaveri, Michael Ramsden and Anne Scully Hill
