Consistency in Administrative Law

T Endicott, H Kristjansson, S Lewis (eds), Philosophical Foundations of Precedent (Oxford University Press, Forthcoming)

20 Pages Posted: 1 Feb 2022

See all articles by Adam Perry

Adam Perry

University of Oxford - Faculty of Law

Date Written: January 29, 2022

Abstract

I argue that English law should require administrative officials to treat like cases alike. The exception is if an official is more likely to decide a case correctly than the official who decided a previous and like case. The burden should be on the claimant to prove that his or her case was treated differently than a previous and like case. The burden should be on the official to show that he or she falls within the scope of the exception. Although these claims are relatively modest, they are practically important. In particular, they suggest that many cases in English administrative law should have been decided differently.

Keywords: precedent, fairness, legal reasoning, judicial review

Suggested Citation

Perry, Adam, Consistency in Administrative Law (January 29, 2022). T Endicott, H Kristjansson, S Lewis (eds), Philosophical Foundations of Precedent (Oxford University Press, Forthcoming), Available at SSRN: https://ssrn.com/abstract=4021122 or http://dx.doi.org/10.2139/ssrn.4021122

Adam Perry (Contact Author)

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

Do you want regular updates from SSRN on Twitter?

Paper statistics

Downloads
52
Abstract Views
175
rank
505,678
PlumX Metrics