An Introduction to Administrative Law

By Peter Cane | Go to book overview

Preface

Public law is developing at breakneck speed. In the four years since the second edition was prepared, there have been major changes in areas including standing, freedom of information and tort liability, and a myriad of smaller changes elsewhere. On the very day I received the page proofs of this book, Lord Woolf published his final report on Access to Justice, and I have been able to incorporate some material dealing with relevant proposals (see p. 107 below). In Lord Woolf's words, 'the growth of public law and, in particular, of judicial review, has been one of the most significant developments in the English legal system in the last 25 years'. I believe it to be no exaggeration to say that the role of the judicial branch of government in controlling the activities of the other branches (including the leglislature) will be transformed in the next decade or so. The impact of EC law and the principles of the European Convention on Human Rights on English administrative law and British constitutional law will play a significant part in this transformation. But of perhaps even greater importance will be the fact that more and more of our senior judges are gaining a new confidence and sense of purpose in asserting what they see to be the values of legality and constitutional propriety against the other branches of government. It will also, I believe, become increasingly harder for governments to ignore, downplay or reverse by legislation their defeats in the courts. Whether this is a good thing or not, each reader must decide for himself or herself. But I have no doubt that we are entering a new era in relations between the judicial and the other branches of government. And if the recent past is anything to go by, the new era may be one of conflict and confrontation, whichever political party is in power at Westminster.

I find teaching a great source of stimulation--it forces the teacher to be constantly thinking things through afresh. It is impossible to explain complicated ideas to others unless one understands them oneself, and

-v-

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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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