The commonly held view about English administrative law is that it is
of recent origin, with some dating it from the mid-20th century and
some venturing back to the late 19th century. _English Administrative
Law from 1550: Continuity and Change_ upends this conventional
thinking, charting its development from the mid-16th century with an
in-depth examination of administrative law doctrine based on primary
legal materials, statute, and case law. This book is divided into four
parts. Part 1 sets out the book's principal thesis, contrasting
standard perceptions concerning the existence of English
administrative law with the reality of its emergence from the mid-16th
century. Part 2 is concerned with Regulation and Administration from
the mid-16th century to the end of the 19th century. There is detailed
analysis of the regulatory and administrative state, which includes
chapters on the way in which administrative policy was developed
through individual decision-making and rulemaking, and the role played
by contract in service delivery. Part 3 deals with Courts and
Doctrine. It begins with discussion of foundational precepts followed
by chapters on natural justice; review of law and fact; rights;
delegation, fettering and purpose; reasonableness; proportionability;
prerogative; and third and fourth source power. Part 4 of the book
covers Remedies and Review, with chapters on invalidity; standing; the
prerogative writs; injunction, declaration, quo warranto and habeas
corpus; and damages and restitutionary liability. With
thought-provoking and original insights, _English Administrative Law
from 1550_ systematically elaborates and contextualizes the origins of
administrative law features while linking them to their modern-day
equivalents.
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Continuity and Change
Produktdetaljer
ISBN
9780198908333
Publisert
2024
Utgave
1. utgave
Utgiver
Vendor
OUP Oxford
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter