The Reformation of English Administrative Law

19 Pages Posted: 23 Oct 2007

See all articles by Thomas M. Poole

Thomas M. Poole

London School of Economics - Law Department

Date Written: October 2007

Abstract

This article examines the process of constitutionalisation that is ongoing in English administrative law. It does so by focusing on two key questions which, although hitherto largely overlooked by commentators, are beginning to receive attention in the courts. The first question - the 'sin' of omission - relates to the question of how the courts should respond when an agency has not consciously approached a decision through a rights-based framework. The second question - the 'sin' of commission - asks how courts should respond when an agency explicitly reaches a decision on the basis of rights and proportionality. The answers we give to these questions will help to define the nature of the emerging 'culture of rights'. Staking out a position against 'hardline' proponents of rights-based judicial review, I suggest, first, that agencies should not be placed under a duty to articulate decisions through a rights-based framework and, second, that some provisional weight should be accorded to an agency's own assessment of the rights issues at stake.

Suggested Citation

Poole, Thomas M., The Reformation of English Administrative Law (October 2007). LSE Legal Studies Working Paper No. 12/2007. Available at SSRN: https://ssrn.com/abstract=1019001 or http://dx.doi.org/10.2139/ssrn.1019001

Thomas M. Poole (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom

HOME PAGE: http://www.lse.ac.uk/collections/law/staff/thomas-poole.htm

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