Understanding Administrative Law in the Common Law World — available for pre-order

Paul Daly May 28, 2021

This afternoon I completed the Index for Understanding Administrative Law in the Common Law World, forthcoming later this year with Oxford University Press. I sent the proofs to the publishers last week, so the book should meet the target release date of August 2021. You can pre-order the hardcover version here.

Here is the brief summary of the book:

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.

Here is the Table of Contents:

  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 

And here are some key features of the book:

  • Offers a new framework for understanding judicial review of administrative action
  • Includes comparative analysis of administrative law in Australia, Canada, England, Ireland, and New Zealand
  • Provides a comprehensive treatment of procedural fairness, substantive review, institutional structures, remedies, restrictions on remedies, justiciability, and legitimate expectations
  • Explains how the whole field of administrative law is structured by four values: individual self-realisation, good administration, electoral legitimacy, and decisional autonomy

Like I say, pre-order here.

This content has been updated on October 21, 2021 at 21:43.