Proceduralism and Automation: Challenges to the Values of Administrative Law

Forthcoming, E. Fisher, J King and A Young (eds.) The Foundations and Future of Public Law (in honour of Paul Craig) (OUP 2019)

LSE Legal Studies Working Paper No. 3/2019

23 Pages Posted: 5 Apr 2019

See all articles by Carol Harlow

Carol Harlow

London School of Economics - Law Department

Richard Rawlings

University College London

Date Written: February 15, 2019

Abstract

This paper has three main themes. The first is the steady proceduralisation of public administration experienced in recent years. The second theme is the relationship between procedures and values and the potential for dissonance and exchange between public administration and administrative law. We follow these themes in public administration and administrative law in the United Kingdom, though we touch occasionally on supranational developments in the European Union; in both systems, though for slightly different reasons, an unremitting proceduralisation has taken place. The third theme concerns challenges to administrative law from the technological revolution currently under way. The impact of automation on public administration was at first rather modest; recently, however, technology has taken great leaps forward - from computerisation to artificial intelligence and beyond. The paper points to some problems that are emerging and suggests that they need to be addressed.

Suggested Citation

Harlow, Carol and Rawlings, Richard, Proceduralism and Automation: Challenges to the Values of Administrative Law (February 15, 2019). Forthcoming, E. Fisher, J King and A Young (eds.) The Foundations and Future of Public Law (in honour of Paul Craig) (OUP 2019) ; LSE Legal Studies Working Paper No. 3/2019. Available at SSRN: https://ssrn.com/abstract=3334783 or http://dx.doi.org/10.2139/ssrn.3334783

Carol Harlow (Contact Author)

London School of Economics - Law Department ( email )

Houghton Street
London WC2A 2AE, WC2A 2AE
United Kingdom
020 7955 7248 (Phone)

Richard Rawlings

University College London

Gower Street
London, WC1E 6BT
United Kingdom

Register to save articles to
your library

Register

Paper statistics

Downloads
192
Abstract Views
818
rank
161,568
PlumX Metrics