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 rules. It scrutinises the present associations within the gentle of constitutional beliefs and highlights the discrepancies among underlying goals and fact. It considers, within the huge feel, how criminal recommendations are utilized in the advance and implementation of presidency coverage and to what volume this permits for the enhancement of democratic participation and legitimacy of selection making.

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In his view: ... where the question was whether the life of a girl aged 10 might be saved by however slim a chance the responsible authority had to do more than toll the bell of tight resources. What they were required to do was ‘to explain the priorities that had led them to decline to fund the treatment’. In the view of Laws J, they had not adequately done so. Refusing an order for mandamus, but granting certiorari, he added that the right course of action was for the authority to re-take the decision in the light of his judgment.

Far more open and user responsive government and public services have long been advocated and are part of the essence of administrative justice. But, when examined, the ‘sound bites’ of enhanced choice in recent public sector reform have tended to be more apparent than real as explanations of the means by which, or to what degree, that choice may be exercised. Certainly, in Britain, many of the arrangements for the realisation of ‘user’ choice are such that a shift has evolved that has marginalised collective 10 Osborne and Gaebler, Reinventing Government, 1992.

To summarise this rather theoretical section, the recent changing sphere of public services has exposed more clearly the gaps in accountability and legitimacy of governmental activity. We do not yet have in our possession the kind of constitutional apparatus which can intercede effectively in this area. Challenge to administrative action, either prospectively or retrospectively, is very much a hit and miss affair, and public lawyers have to search for the public interest points of entry in order to question the actions and decisions of government and administration.

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