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A Research Agenda for Administrative Law
With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.
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Critical Acclaim
Contributors
Contents
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Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary.
With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.
Drawing on the expertise of an impressive selection of contributors, with experience of research in different administrative law fields, this book breaks away from the dominance of doctrinal analysis which permeates the existing literature and explores contemporary, innovative methods of research. Chapters present a concise account of what is known and unknown about administrative law, as well as recasting what was considered known. The book provides an arena for an exchange of ideas, all of which are designed to push scholars into thinking seriously about research methods and to develop novel scholarly agendas that can enrich administrative law.
Addressing a void in current research and scholarship, this timely book will be of interest to lawyers and academics keen to push beyond the current boundaries of administrative law. Degree-level students and early career researchers in the fields of comparative and public law will also benefit from this discerning Research Agenda.
With the aim of expanding legal scholarly imagination, this Research Agenda takes a tripolar approach to administrative law. It opens the boundaries of administrative law scholarship to new subject areas, exemplifies and opens for consideration several different attitudes to research, and illustrates a multiplicity of different ways of writing about the subject.
Drawing on the expertise of an impressive selection of contributors, with experience of research in different administrative law fields, this book breaks away from the dominance of doctrinal analysis which permeates the existing literature and explores contemporary, innovative methods of research. Chapters present a concise account of what is known and unknown about administrative law, as well as recasting what was considered known. The book provides an arena for an exchange of ideas, all of which are designed to push scholars into thinking seriously about research methods and to develop novel scholarly agendas that can enrich administrative law.
Addressing a void in current research and scholarship, this timely book will be of interest to lawyers and academics keen to push beyond the current boundaries of administrative law. Degree-level students and early career researchers in the fields of comparative and public law will also benefit from this discerning Research Agenda.
Critical Acclaim
‘Covering a broad and diverse set of administrative law issues, A Research Agenda for Administrative Law prompts comparisons to a scholar’s own research even when it is in a different area of administrative law or a different administrative law system. Readers will find much to appreciate in chapters that reveal the challenging nature of our subject and the satisfaction of understanding it better. I am unaware of another book that offers scholars the same opportunity to contemplate how we understand the institutional, doctrinal, and political dimensions of this difficult but fascinating subject.’
– Sidney Shapiro, Wake Forest University, US
‘This is a must-read – a collection that is deliberately suggestive, provocative and wide-ranging. Administrative law scholarship is a big tent, comprising much more than doctrinal exposition and analysis of common law principles of judicial review. This collection of essays by leading scholars in the UK, Canada, New Zealand and Australia demonstrates other ways of looking at doctrine, as well as the potential and need for researching new or increasingly urgent aspects of the law’s relationships with the administrative state. Often (although not always) empirically focused, leading scholars address the methodological, normative, and even technological challenges and opportunities for those engaging in and reacting to the ever-changing modes of public administration and regulation.’
– Emeritus Professor Mark Aronson, University of New South Wales, Australia
– Sidney Shapiro, Wake Forest University, US
‘This is a must-read – a collection that is deliberately suggestive, provocative and wide-ranging. Administrative law scholarship is a big tent, comprising much more than doctrinal exposition and analysis of common law principles of judicial review. This collection of essays by leading scholars in the UK, Canada, New Zealand and Australia demonstrates other ways of looking at doctrine, as well as the potential and need for researching new or increasingly urgent aspects of the law’s relationships with the administrative state. Often (although not always) empirically focused, leading scholars address the methodological, normative, and even technological challenges and opportunities for those engaging in and reacting to the ever-changing modes of public administration and regulation.’
– Emeritus Professor Mark Aronson, University of New South Wales, Australia
Contributors
Contributors: Joanna Bell, Paul Daly, Elizabeth Fisher, Carol Harlow, Alexander Horne, Janet McLean, Joana Mendes, Sarah Nason, Tony Prosser, Jennifer Raso, Richard (Rick) Rawlings, Maurice Sunkin, Robert Thomas, Joe Tomlinson, Michael Torrance, Jason Varuhas
Contents
Contents:
Introduction xiii
1 Imagining method in administrative law scholarship 1
Elizabeth Fisher
2 Exploring the real world: researching the impact
of judicial review 21
Maurice Sunkin
3 Investigating administration and administrative
law: research questions from immigration
administration 43
Robert Thomas
4 Administration in the constitution: disaggregating
power for accountability purposes 65
Janet McLean
5 Parliament as scrutineer: parliamentary oversight
of the law-making process 85
Alexander Horne and Michael Torrance
6 Judicial review scholarship expanding legal
scholarly imagination 115
Joanna Bell and Sarah Nason
7 Administrative justice in transit: time for new vistas 137
Carol Harlow
8 Transcending the public law–private law divide 163
Jason NE Varuhas
9 Addressing contractual governance 207
Richard Rawlings
10 Regulation and administrative law: some key issues 235
Tony Prosser
11 Administrative law in the digital world 255
Paul Daly, Jennifer Raso and Joe Tomlinson
12 Administrative law in the EU: the liberal
constitutional paradigm and institutionalism as an
imperfect alternative 281
Joana Mendes
Index 307
Introduction xiii
1 Imagining method in administrative law scholarship 1
Elizabeth Fisher
2 Exploring the real world: researching the impact
of judicial review 21
Maurice Sunkin
3 Investigating administration and administrative
law: research questions from immigration
administration 43
Robert Thomas
4 Administration in the constitution: disaggregating
power for accountability purposes 65
Janet McLean
5 Parliament as scrutineer: parliamentary oversight
of the law-making process 85
Alexander Horne and Michael Torrance
6 Judicial review scholarship expanding legal
scholarly imagination 115
Joanna Bell and Sarah Nason
7 Administrative justice in transit: time for new vistas 137
Carol Harlow
8 Transcending the public law–private law divide 163
Jason NE Varuhas
9 Addressing contractual governance 207
Richard Rawlings
10 Regulation and administrative law: some key issues 235
Tony Prosser
11 Administrative law in the digital world 255
Paul Daly, Jennifer Raso and Joe Tomlinson
12 Administrative law in the EU: the liberal
constitutional paradigm and institutionalism as an
imperfect alternative 281
Joana Mendes
Index 307
