Populism and Administrative Law

Forthcoming in Eoin Carolan, JNE Varuhas and Sarah Fulham-McQuillan (eds), The Making and Re-Making of Public Law (Hart Publishing 2023)

LSE Legal Studies Working Paper No. 12/2023

26 Pages Posted: 20 Apr 2023

See all articles by Carol Harlow

Carol Harlow

London School of Economics - Law School

Richard Rawlings

University College London - Faculty of Laws

Date Written: April 10, 2023

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

Suggested Citation

Harlow, Carol and Rawlings, Richard, Populism and Administrative Law (April 10, 2023). Forthcoming in Eoin Carolan, JNE Varuhas and Sarah Fulham-McQuillan (eds), The Making and Re-Making of Public Law (Hart Publishing 2023) , LSE Legal Studies Working Paper No. 12/2023, Available at SSRN: https://ssrn.com/abstract=4414379 or http://dx.doi.org/10.2139/ssrn.4414379

Carol Harlow (Contact Author)

London School of Economics - Law School ( email )

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

Richard Rawlings

University College London - Faculty of Laws ( email )

Bentham House
4-8 Endsleigh Gardens
London, WC1E OEG
United Kingdom

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