Administrative Law in a Changing State Essays in Honour of Mark Aronson

by Pearson, Linda; Harlow, Carol; Taggert, Michael

• ISBN13: 9781841137872
• ISBN10: 1841137871
• Format: Hardcover
• Copyright: 2008-12-02
• Publisher: Hart Publishing

Summary

This book of essays celebrates Mark Aronson's contribution to administrative law. As joint author of the leading Australian text on judicial review of administrative action, Aronson's work is well-known to public lawyers throughout the common law world and this is reflected in the list of contributors from the US, Canada, Australia, New Zealand and the UK. The introduction comes from Justice Michael Kirby of the High Court of Australia. The essays reflect Aronson's interests in judicial review, non-judicial grievance mechanisms, problems of proof and evidence, and the boundaries of public and private law. Amongst the contributors, Peter Cane, Elizabeth Fisher, and Linda Pearson write on administrative adjudication and decision-making, Anita Stuhmcke writes on Ombudsmen, and Robin Creyke and John McMillan, the Commonwealth Ombudsman, write on charters, codes and 'soft law'. There are evaluations of the profound influence of human rights law on judicial review from the UK by Sir Jack Beatson and Thomas Poole and from Canada by David Mullan. Matthew Groves and Chief Justice James Spigelman address developing themes in judicial review, while Carol Harlow, Richard Rawlings, Michael Taggart and Janet McLean follow Aronson's interests into the private side of public law. An American perspective is added by Alfred Aman and Jack Beermann.

Author Biography

Linda Pearson is a Senior Lecturer in Law at the University of New South Wales, having worked previously for the Social Security Appeals Tribunal and the Migration Review Tribunal.
Carol Harlow is Emerita Professor of Law at the London School of Economics and Political Science.
Michael Taggart is the Alexander Turner Professor of Law in the University of Auckland, New Zealand. He has written extensively on administrative and public law, privatisation and the public/private law divide. He has visited at the Universities of Melbourne, Toronto, Cambridge, Paris II, Saskatchewan, Western Ontario and Queen's University at Kingston and Osgoode Hall Law School.

Table of Contents

Between the devil and the deep blue sea : administrative law in an age of rights	p. 15
Common law and statute law in US federal administrative law	p. 45
The surrogacy principle and motherhood statements in administrative law	p. 71
Interpretative obligations as constitutional tools	p. 99
The Canadian Charter of Rights and Freedoms : a 'direct driver' of judicial review of administrative action in Canada?	p. 123
The equitable origins of the improper purpose ground	p. 147
The Crown in the courts : can political theory help?	p. 161
Common law price control, state-owned enterprises and the level playing field	p. 185
Politics, policy and outsourcing in the United States : the role of administrative law	p. 205
Poetic justice : public contracting and the case of the London Tube	p. 223
A punitive role for tort law?	p. 247
Understanding administrative adjudication	p. 273
Fact-finding in administrative tribunals	p. 301
Administrative law, pluralism and the legal construction of merits review in Australian environmental courts and tribunals	p. 325
Ombudsmen and integrity review	p. 349
Soft law vs. hard law	p. 377
Publications of Mark Aronson	p. 407
Index	p. 411
Table of Contents provided by Blackwell. All Rights Reserved.