An Introduction to Administrative Law

By Peter Cane | Go to book overview

20
Constitutional and Political Background

THIS book is mainly concerned with judicial control of governmental action and in particular with judicial review. The aim of this final part is to give some idea of the environment in which judicial control is exercised. This chapter considers some theoretical issues relevant to the functions of judicial control, while the next chapter discusses the impact of judicial control on the conduct of government business.


THE CONSTITUTIONAL BACKGROUND

Administrative law is concerned to a considerable extent with the relationships between different branches of government. In the first place, it is concerned with the position of administrative authorities vis-a-vis Parliament, because a great many of the functions of administrative authorities are conferred and defined by statute; and because Parliament exercises some control over the exercise of governmental functions. At the same time, the fact that actions of government can be challenged in the courts makes the question of the proper relationship between the legislative and the administrative branches of government on the one hand, and the judicial branch on the other, central to administrative law. There are several so-called 'constitutional doctrines' which have a bearing on these relationships, and it is worthwhile spending some time considering these. They are: the supremacy (or sovereignty) of Parliament; ministerial responsibility; the separation of powers; and the rule of law. All of these doctrines are to a greater or lesser extent concerned with a central issue in constitutional theory, namely that of responsibility or accountability: how can those who wield governmental power best be made accountable for the way in which they exercise it? Accountability is a form of control. The courts are concerned mainly with control by the use of law, whereas Parliament is concerned with control by means of the exercise of political power. It is with the interaction between legal and political control that this section mainly deals.

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An Introduction to Administrative Law
Table of contents

Table of contents

  • Clarendon Law Series ii
  • Title Page iii
  • Preface v
  • Contents vii
  • Contents xxxv
  • Part I - Rules and Principles of Judicial Review 1
  • 1 - The Nature of Judicial Review 3
  • 2 - The Scope of Judicial Review Public Law and Private Law 12
  • 3 - Applicants 42
  • 4 - Remedies Uses and Availability 62
  • 5 - Procedures 89
  • 6 - Authority 109
  • 7 - The Decision-Making Process (i) 133
  • 8 - The Decision-Making Process (ii) 160
  • 9 - The Output 208
  • 10 - Estoppel 218
  • Part II - Rules and Principles of Liability II 231
  • II- Introduction 233
  • 12 - Liability in Tort 241
  • 13 - Government Contracts 257
  • 14 - Restitution 276
  • Part III- Information 279
  • 15 - Information and Litigation 281
  • 16 - Government Secrecy and Freedom of Information 292
  • Part IV - Non-Judicial Control 301
  • 17 - Parliament the Constitutional Functions of Parliament 303
  • 18 - Investigating Complaints 314
  • 19 - Tribunals 331
  • Part V - Wider Perspectives on Judicial Control 345
  • 20 - Constitutional and Political Background 347
  • 21 - Judicial Review and the Administrative Process 378
  • Index 393
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