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Administrative Law - Week 1 |
The Modern Administration & The Constitution
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Hilary
2002 |
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Introduction |
This week’s work is fundamental to the course. We will look at four questions. How does the modern administration govern the UK? What are the constitutional principles that constrain governmental power? What mechanisms exist in the UK for giving effect to these principles? What should be the role of judicial review? |
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The
Modern Administration |
You should have covered most of this in
Constitutional Law. You might like to refresh your memory by reading Bradley
& Ewing, Constitutional and Administrative Law (12th
ed, 1997), Chs. 12, 13 & 14. (Don’t leave out 14). If you remember the basics then start with P.P.
Craig, Administrative Law (4th ed, 1999), Chs. 3 & 4 How does government govern?: *C. Turpin, British Government and the Constitution (4th ed, 1999), Ch. 6 |
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Constitutional
Principles |
You probably covered many of these in
Constitutional Law, but I’d recommend: P.P. Craig, Administrative Law (4th ed,
1999), Ch. 1 P. Cane, Introduction to Admin. Law (3rd
ed, 1996), Ch. 20 *C. Harlow & R. Rawlings, Law and
Administration (2nd ed, 1997), Ch. 1 J. Allison, Ch. 4 in M. Taggart, The Province
of Administrative Law (1997) *Human Rights Act 1998, especially ss. 3, 6 & 7 |
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Mechanisms |
The purpose of this heading is to bring home at an
early stage that legal action is not the only bastion against abuse of state
power. Later in the course we will look at some of these other mechanisms in
more detail. Bradley & Ewing, Constitutional and
Administrative Law (12th ed, 1997), Ch. 28 C. Harlow & R. Rawlings, Law and
Administration (2nd ed, 1997), Ch. 5, (especially pp.
*144-148) White Paper on Modernising Government (one source, http://www.official-documents.co.uk) |
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The
Role of Judicial Review |
The Nature of Judicial review
*De Smith, Woolf and Jowell, Judicial Review of
Administrative Action (5th ed. 1995), pp. 3-26 (26-61 voluntary) Craig [2000] Public Law 211 Craig & Bamforth (critical review of Elliott)
[2001] Public Law 763 R. Cranston, Essay 3 in G. Richardson & H.
Genn eds., Administrative Law & Government Action (1994) *An Introduction to the Scope of Judicial Review
P.P. Craig, Administrative Law (4th ed,
1999), pp. 767-783 P. Cane, An Introduction… (3rd
ed, 1996), Ch. 2 Council of Civil Service Unions v Minister for the
Civil Service [1985] AC 374 *R v Takeover Panel, ex p. Datafin [1987] QB 815 *R v Disciplinary Committee of the Jockey Club, Ex
p. Aga Khan [1993] 2 All ER 853 The Effectiveness of
Judicial Review (*NB popular with examiners) *P. Cane, An Introduction to Administrative Law
(3rd ed, 1996), Ch. 21 Denis Galligan, pp. 49-52 in D. Galligan (ed.), A
Reader on Administrative Law (1996) Loveland, Essay 9 in G. Richardson & H. Genn
eds., Administrative Law & Government Action (1994) (Housing) Richardson and Machin [2000] Public Law 494
(Mental Health Review Tribunal) |
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Strategic Guidance |
The two books which you will need access to each week are Craig (4th ed. 1999) and Harlow & Rawlings (2nd ed., 1997). Craig is the full-weight textbook, and Harlow & Rawlings a critical counterpoint. Blackwells may have secondhand copies. All the reading lists are divided up into sections and important material is starred. Craig should be treated as ‘always starred’. |
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Essay Title: |
“Everyone agrees that government should be accountable and that public power should be controlled, but there are a wide variety of views as to what this means and how best to achieve it.” Discuss. |
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