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Administrative Justice in the 21st Century
By
Michael Harris and Martin Partington
Description
The idea of administrative justice is
central to the British system of public law, more embracing than
judicial review, or even administrative law itself. It embraces all
the mechanisms designed to achieve a proper balance between the
exercise of public and quasi-public power and those affected by the
exercise of that power.
This book contains revised versions of
the papers given at the International Conference on Administrative
Justice held in Bristol in 1997. Forty years after the publication of
the Franks Committee report on Tribunals and Inquiries, the
conference reflected on developments since then and sought to provoke
debate about how the future might unfold.
Participants included policy makers,
tribunal chairs and ombudsmen, other decision-takers as well as
academics - a formidable combination of expertise in the operation of
the administrative justice system.
Among the themes addressed in the
papers are the following: the effect of the changing nature of the
state on current institutions; human rights and administrative
justice; the relationship between decision taking, reviews of
decisions, and the adjudication of appeals; and the overview of
administrative justice, taking into account lessons from abroad.
The new millenium provides an
opportunity for the reappraisal of the British system of
administrative justice; this volume presents an indispenable
repository of the ideas needed to understand how that system should
develop over the coming years.
Contributors:
Michael Adler, Margaret Allars, Dame
Elizabeth Anson, Lord Archer of Sandwell, Michael Barnes, Julia
Black, Christa Christensen, David Clark, Gwynn Davis, Godfrey Cole,
Suzanne Day, Julian Farrand, Tamara Goriely, Michael Harris (Ed),
Neville Harris, Tony Holland, Terence Ison, Christine Lally, Douglas
Lewis, Rosemary Lyster, Aileen McHarg, Walter Merricks, Linda
Mulcahy, Stephen Oliver, Alan Page, Martin Partington (Ed), David
Pearl, Jane Pearson, Paulyn Marrinan Quinn, John Raine, Andrew Rein,
Alan Robertson, Roy Sainsbury, John Scampion, Chris Shepley, Caroline
Sheppard, Patricia Thomas, Brian Thompson, Nick Wikeley, Tom
Williams, Jane Worthington, Richard Young.
Michael Harris is a Senior Lecturer in
Law at the University of Bristol.
Martin Partington is Professor of Law
at the University of Bristol and a Law Commissioner.
Contents
Foreword
Preface
List of Contributors
Table of Cases
Table of Statutes
Table of Statutory Instruments
Introduction by Michael Harris and
Martin Partington 1
Pt. 1 Initial Decision - Taking,
Review and Appeals: General Issues
1 Administrative Justice: Is it Such a
Good Idea? by Terence G. Ison 21
2 The Place of Formal and Informal
Review in the Administrative Justice System by Michael Harris 42
3 Immigration and Asylum Appeals and
Administrative Justice by Judge David Pearl 55
4 Sliding Scales of Justice at the End
of the Century - A Cause for Complaints by Linda Mulcahy 66
Pt. 2 The New Administrative Law: The
Citizens Charter, Ombudsmen and Other Developments for the Resolution
of Complaints
5 The Citizens Charter and
Administrative Justice by Alan Page 85
6 A Question of Numbers: Managing
Complaints Against Rising Expectations by Tom Williams and Tamara
Goriely 99
7 Regulating Open Government: A
Comparative Study of the UK and Canadian Regimes by David Clark and
Jane Pearson 112
8 The Ombudsman and Administrative
Justice by Harris, Michael 133
9 New Procedures by Harris,
Michael 156
10 Complaint Handling by Solicitors:
Practice Rule 15 - Waving or Drowning? by Christa Christensen and
Suzanne Day and Jane Worthington 166
Pt. 3 Collective Administrative
Justice
11 Separation of Functions and
Regulatory Agencies: Dispute Resolution in the Privatised Utilities
by Aileen McHarg 211
12 Talking About Regulation by Julia
Black 246
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