Scope of administrative law

Author: [New Zealand] Target
Publisher:
Publish Date: 2006-09-01
Features:
A brilliant scholar in the common law world attempts—not defensively but creatively—to think about the challenges policy changes pose to the rule of law.
Traditional administrative law questions raised against the backdrop of the new deregulation movement and the private assumption of public functions: What is the scope of administrative law? Does the distinction between public and private law still make sense? Are they "symbols of opposition" or rigid divisions? Is the market in need of legal control, or is the market itself a new form of the rule of law?
No clichéd generalizations, only serious and thorough reflections on the phenomenon of the intermingling of public and private law. Fifteen scholars break through the narrow perspective since Dicey, offering imperfect but clear answers: "New areas" introduced by the introduction of private institutions due to the reduction of government size must not be allowed to escape the control of public law!
The author's method of selecting representative cases from a vast number of examples and meticulously analyzing them to reveal the evolution of legal principles is astonishing. It also inspires us that earlier replaced ideas never completely disappear; they merely lurk within the legal system, waiting to be rediscovered and utilized in legal and political debates.
A brilliant scholar in the common law world attempts—not defensively but creatively—to think about the challenges policy changes pose to the rule of law.
Traditional administrative law questions raised against the backdrop of the new deregulation movement and the private assumption of public functions: What is the scope of administrative law? Does the distinction between public and private law still make sense? Are they "symbols of opposition" or rigid divisions? Is the market in need of legal control, or is the market itself a new form of the rule of law?
No clichéd generalizations, only serious and thorough reflections on the phenomenon of the intermingling of public and private law. Fifteen scholars break through the narrow perspective since Dicey, offering imperfect but clear answers: "New areas" introduced by the introduction of private institutions due to the reduction of government size must not be allowed to escape the control of public law!
The author's method of selecting representative cases from a vast number of examples and meticulously analyzing them to reveal the evolution of legal principles is astonishing. It also inspires us that earlier replaced ideas never completely disappear; they merely lurk within the legal system, waiting to be rediscovered and utilized in legal and political debates.