The Rule of Law in Public Law

Cambridge Companion to Public Law, Cambridge University Press, Forthcoming

NYU School of Law, Public Law Research Paper No. 14-40

19 Pages Posted: 17 Aug 2014 Last revised: 5 Sep 2014

Jeremy Waldron

New York University School of Law

Date Written: September 2014

Abstract

This paper explores the possibility of a conception of the rule of law that is oriented specifically to public law. It is not a conception of the rule of law that privileges private law rights (like rights of property) nor is it an abstract or anodyne conception that is supposed to apply to all areas of governance indiscriminately. Instead this is an account of the rule of law that takes the mission of public administration seriously and seeks to establish it on a footing of legality rather than managerialism, while at the same time acknowledging that sometimes private interests have to give way to the interests of the public.

Keywords: Dicey, discretion, public law, public administration, rule of law

Suggested Citation

Waldron, Jeremy, The Rule of Law in Public Law (September 2014). Cambridge Companion to Public Law, Cambridge University Press, Forthcoming; NYU School of Law, Public Law Research Paper No. 14-40. Available at SSRN: https://ssrn.com/abstract=2480632

Jeremy Waldron (Contact Author)

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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