Book contents
- Judicial Review of Administrative Action across the Common Law World
- Judicial Review of Administrative Action across the Common Law World
- Copyright page
- Contents
- Contributors
- Foreword
- Acknowledgments
- Table of Cases
- Table of Legislation
- Abbreviations
- Part I Introduction
- Part II Origins and Adaptations of Judicial Review in England
- 2 English Administrative Law History: Perception and Reality
- 3 Modern Threats to English Administrative Law and Implications for Its Export
- 4 International Influences on English Judicial Review and Implications for the Exportability of English Law
- Part III Origins and Adaptations in the British Isles
- Part IV Origins and Adaptations in North America and Canada
- Part V Origins and Adaptations in the Middle East and Africa
- Part VI Origins and Adaptations in Asia
- Part VII Origins and Adaptations in Australasia
- Part VIII Conclusion: Interrogating “Common Law” Approaches to Judicial Review
- Index
2 - English Administrative Law History: Perception and Reality
from Part II - Origins and Adaptations of Judicial Review in England
Published online by Cambridge University Press: 19 March 2021
- Judicial Review of Administrative Action across the Common Law World
- Judicial Review of Administrative Action across the Common Law World
- Copyright page
- Contents
- Contributors
- Foreword
- Acknowledgments
- Table of Cases
- Table of Legislation
- Abbreviations
- Part I Introduction
- Part II Origins and Adaptations of Judicial Review in England
- 2 English Administrative Law History: Perception and Reality
- 3 Modern Threats to English Administrative Law and Implications for Its Export
- 4 International Influences on English Judicial Review and Implications for the Exportability of English Law
- Part III Origins and Adaptations in the British Isles
- Part IV Origins and Adaptations in North America and Canada
- Part V Origins and Adaptations in the Middle East and Africa
- Part VI Origins and Adaptations in Asia
- Part VII Origins and Adaptations in Australasia
- Part VIII Conclusion: Interrogating “Common Law” Approaches to Judicial Review
- Index
Summary
This chapter is concerned with the historical foundations of administrative law in the UK. It is premised on a contrast between perception and reality. The commonly held view about English administrative law is that it is of recent origin, some dating it from the mid-twentieth century, some venturing back to the late nineteenth century. This view, when unpacked, is premised on assumptions concerning doctrinal case law and regulation. There is an empirical and a normative foundation underlying both assumptions. This ‘intellectual package’ constitutes the commonly accepted picture of administrative law as it unfolded in England. The discussion thereafter is concerned with what I term the reality. It mirrors the discourse concerning perception, insofar as it considers case law and regulation from both an empirical and normative perspective. It will be argued that the commonly held view does not cohere empirically with reality concerning case law or regulation, and that the normative assumptions underlying the perceived view do not square with the general approach of the legislature or the courts during the foundational period of administrative law, which runs from the mid-sixteenth century onwards, with earlier origins. This disjunction between perception and reality could have had an impact on the ultimate exportability of English administrative law.
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- Judicial Review of Administrative Action Across the Common Law WorldOrigins and Adaptation, pp. 27 - 45Publisher: Cambridge University PressPrint publication year: 2021
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