Populism and Administrative Law

Abstract

The aim of this paper is to explore ideas of populism and consider their potential relationship with administrative law. We adopt several different angles of approach. In section 1, we draw out key themes from the wider literature on populism of particular relevance for administrative law. Section 2 highlights potential implications for administrative law of populist government, emphasising the practical dimension. Reversing the lens, we consider in section 3 how classic models or ‘poles’ of administrative law sit with populism. Section 4 expands on this form of inquiry, factoring in liberal constitutionalism and market ideology and managerialism as chief contemporary ‘poles’ of our subject, as well as the burgeoning role of automation. In the final section, we express our concern over a major ‘disconnect’ between government and governed and stress the importance of constructive responses from administrative law to the populist challenge. We consider how administrative law might contribute to a less depersonalised and more participatory system of public administration.

Keywords: Public law, administrative law, populism, democracy, liberalism, constitutionalism