Administrative Justice in the 21st Century by Michael Harris, Martin Partington

By Michael Harris, Martin Partington

The recent millennium presents a chance for the reappraisal of the British procedure of administrative justice; this quantity offers and imperative repository of the tips had to know how that approach should still advance over the arrival years. This ebook comprises revised models of the papers given on the overseas convention on Administrative Justice held in Bristol in 1997. 40 yeaars after the ebook of the Franks Committee record on Tribunals and Inquires, the convention mirrored on advancements due to the fact that then and sought to impress degate approximately how the long run may spread. one of the issues addressed within the papers are: the influence of the altering nature of the nation on present associations; human rights and administrative justice; the connection among choice taking, riviews of choices, and the adjudication of appeals; and the assessment of administrative justice, bearing in mind classes from in a foreign country.

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In her view it carries the danger of subordinating administrative equity and accountability to what should be no more than a competing, albeit important, consideration in a system of administrative justice also seeking to promote the values of openness and fairness. Furthermore, since the judiciary has always had regard to considerations of efficiency and practicality in arriving at its calculus of what constitutes fair and appropriate administrative action, the clause can be said to be otiose.

However, direct enforcement powers are widely perceived as responsible for a problem of "over-juridification" and current thinking now favours a "twin track" approach. e. investigation followed by recommendation, leaving enforcement to occur as a result of publicity and where necessary backed up by Parliament. One caveat, therefore, is that such a model is heavily dependant on being able to hold ministers accountable for the administrative and policy aspects of FOI. And another, as the authors do well to remind us, is that whatever the regime we ultimately may choose, managerial tendencies will always be prepared to push the idea that information is a commodity that must be paid for by those who seek to access it.

2 There were two exceptions to this: M Sunkin and G Richardson, "The Impact of Judicial Review decisions on the work of tribunals and other procedures; case studies in Mental Health and the Social Fund"; and B Hadfield, "Prison (Disciplinary) Adjudication, Northern Ireland". 4 MICHAEL HARRIS AND MARTIN PARTINGTON Themes and Issues One of the practical difficulties with books based on conference papers is that, however good the individual papers may be, the precise ways in which the papers may (or may not) hang together may not always be as clear as it should be, especially for those who did not attend the conference.

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