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Administrative law and public and private bodies

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Essay / Research Paper Abstract

A paper which considers the relationship of administrative law in the UK to public and private bodies, particularly with regard to the system of judicial review and the extent to which private bodies should be susceptible to such review. Bibliography lists 8 sources

Page Count:

7 pages (~225 words per page)

File: JL5_JLpublaw.rtf

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Unformatted sample text from the term paper:

In order to assess the ways in which public and private bodies are dealt with in administrative law, and the issues surrounding the making of distinctions between the two, it is perhaps useful to consider first the way in which administrative law itself might be defined. As Barry and Cassell (2004) point out, administrative law is the law which governs the powers and duties of administrative authorities. It is derived from constitutional law, which is that which underpins the structure of the institutions of government, regulates the way in which they exercise power, and structures their interaction with the citizen. As Barry and Cassell note, some commentators argue that there is no formal system of administrative law in Britain, in the sense that such a system exists in other countries: in France, for example, one has the Tribunal Administratif which specialises in reviewing administrative decisions, and the Conseil dEtat, a body of case law which can be used to settle administrative issues. Barry and Cassell attribute these constitutional differences to the respective legal histories of France and Britain: in the latter, they note, there was a significant distrust of administrators appropriating legal functions, and a prevailing attitude that administrators should be subject to the same jurisdiction as ordinary citizens. However, as government encroaches further into civil life and decision-making becomes increasingly complex, the courts have developed a set of principles relating to administrative law, using older legal remedies to manage the potential misuse of power and to challenge administrative decisions. Consequently we have seen ...

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