The Great Depression, this Depression, and Administrative Law

Federal Law Review, Vol. 37, No. 165, 2009

UNSW Law Research Paper No. 2009-47

39 Pages Posted: 25 Nov 2009  

Mark Aronson

University of New South Wales (UNSW)

Date Written: November 23, 2009

Abstract

The Great Depression contributed to the rapid growth in the size and functions of the administrative state. While its importance for administrative law scholarship was greater in America than in Australia or the United Kingdom, it focused scholars everywhere on questions of the democratic legitimacy of government institutions functioning beyond any practical oversight of Parliament. The current global economic crisis poses similar questions. New banking laws permit forced sales and nationalisation in the UK, and the laws relating to compensation for government interventions in both Australia and the UK carry the potential for serious unfairness. Vast government stimulus programs contain few legal constraints or genuine oversight mechanisms. These are issues warranting the attention of administrative law scholars.

Keywords: Administrative Law, Comparative Law, Constitutional Law

Suggested Citation

Aronson, Mark, The Great Depression, this Depression, and Administrative Law (November 23, 2009). Federal Law Review, Vol. 37, No. 165, 2009; UNSW Law Research Paper No. 2009-47. Available at SSRN: https://ssrn.com/abstract=1512451

Mark I. Aronson (Contact Author)

University of New South Wales (UNSW) ( email )

Sydney, NSW 2052
Australia

Paper statistics

Downloads
95
Rank
221,885
Abstract Views
740