Download Administrative Justice : Central Issues in UK and European by Longley & James, Diane Longley, Rhonda James PDF

By Longley & James, Diane Longley, Rhonda James

This publication seems at administrative legislation from a socio-legal viewpoint opposed to a historical past of constitutional ideas. It scrutinises the present associations within the mild of constitutional beliefs and highlights the discrepancies among underlying goals and truth. It considers, within the wide feel, how criminal ideas are utilized in the improvement and implementation of presidency coverage and to what quantity this permits for the enhancement of democratic participation and legitimacy of selection making.

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Extra info for Administrative Justice : Central Issues in UK and European Administrative Law

Sample text

Since B was only 10 years old, he considered that she could not, herself, make an informed decision: that should be for her father. In the judge’s view, the decision of the authority did not take adequate account of the views of B’s father, since it seemed to him that the doctor making the funding decision took into account only medical opinions as to the child’s best interests, with no regard for the father’s views on the matter. This reason could not, therefore, amount to a substantial justification of depriving B of her chance of life.

In fact, the conduct of government business is never likely to diminish in modern society. The forms of governance might change and become more complex, but the need for management of public matters is in all likelihood bound to increase through the introduction of new and varying ways of channelling government functions, the concerns, interests and the diversity of public organisations, their interdependence and networks of influence. The need for adaptive mechanisms for the control of public activities and complementary, appropriate processes for accountability and legitimacy of decision taking and the choices made are, therefore, in all probability even stronger.

It has always been for the judges to discern and develop principles which enable the courts to protect individuals from arbitrary power. Development and change in many areas has been brought about by the courts taking account of evolving social and moral concepts and the demands of society. They have also frequently taken account of foreign legal texts and decisions of other jurisdictions and the ECHR should be a legitimate aid in establishing what the policy of common law should be. In effect, this argument confirms that the proper role of the courts is the development of substantive principles of law.

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