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Book Review: Comparative Administrative Law and Political Structure

2017 Oxford Journal of Legal Studies

Oxford Legal Studies Research Paper No. 67/2017

32 Pages Posted: 2 Dec 2017  

Paul P. Craig

University of Oxford - Faculty of Law

Date Written: November 1, 2017

Abstract

Study of comparative administrative law reveals commonality and difference between the systems studied. That is axiomatic and self-evident. The depth of the resulting similarities and divergences may be difficult to estimate, the explanation for them even more so. It is to Peter Cane’s credit that he tackles these difficult issues in his recent book, which examines control over administrative power in the US, England and Australia.

It is a book of considerable scholarship, based on significant research and full of insight on particular issues within administrative law. The scholarship merits respect, and this is so notwithstanding the fact that there are, in my view, problems with the methodology and its application.

The review begins by setting out the central thesis of the book. This is followed by consideration of the methodological problems with the underlying thesis. The remainder of the review discusses the application of Cane's methodology in four areas that are central to administrative law: rulemaking, review for error of law, review of discretion and damages liability.

Keywords: comparative administrative law, political structure, judicial review, doctrine, history

Suggested Citation

Craig, Paul P., Book Review: Comparative Administrative Law and Political Structure (November 1, 2017). 2017 Oxford Journal of Legal Studies ; Oxford Legal Studies Research Paper No. 67/2017. Available at SSRN: https://ssrn.com/abstract=3079482

Paul P. Craig (Contact Author)

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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