Allison Anthony: Comparative methodology in Administrative Law – Relational theory as a legal framework for public law matters

Relational contract theory was created and developed in the American private law of contract. It is a theory steeped in socio-legal norms aimed at a more discretionary and flexible approach to contracts between parties. The proposal has been made that although created in private law, relational contract theory can form the theoretical framework on which […]

February 27

Sanjay Jain & Shirish Deshpande: How Legitimate are the Legitimate Expectations?

Introduction Along with the concepts of reasonableness and proportionality, principles of legal certainty and doctrine of legitimate expectations play a pivotal role in regulating and influencing the exercise of administrative discretion. In this post, we would focus on doctrine of legitimate expectations. Keeping in mind the continuum of the civilisation, there are bound to remain […]

February 13

Santanu Sabhapandit: Judicial Review of Administrative Action ‐ Beyond the long shadow of Fundamental Rights

There are strong linkages between administrative law and constitutional law in India. The Constitution is the source not only of the jurisdiction of the courts to conduct judicial review (See Article 32 and Article 226) but also of some of the principles of reviewing administrative action, as the judiciary has traced certain administrative law principles […]

January 24

Amy Semet: How Should Agencies Interpret Statutes?

How should administrative agencies interpret the statutes that they are charged to interpret? In my research, forthcoming in an article in Minnesota Law Review this spring that contributes to the growing body of literature empirically examining the administrative state, I examine how one specific U.S. administrative agency—the National Labor Relations Board—interprets the National Labor Relations […]

January 17

Joanna Bell: Administrative Blunders & Judicial Review: Analysing the UKSC Decision in Gallaher v Competition & Markets Authority

Administrative bodies such as the UK’s Office of Fair Trading (‘OFT’) (now the Competition and Markets Authority) are sometimes required to undertake investigations into alleged wrongdoing by groups of individuals or companies. If, in the course of the investigation, an administrative blunder occurs the effect of which is to put one of those individuals or […]

January 11

Joe Tomlinson and Byron Karmeba: No Deal, No Appeal: A Case for Amending the UK’s Immigration and Social Security Co-ordination (EU Withdrawal) Bill

‘[I]n this day and age a right of access to a tribunal or other adjudicative mechanism established by the state is just as important and fundamental as a right of access to the ordinary courts.’ – Baroness Hale, R v Secretary of State for the Home Department ex parte Saleem [2001] 1 WLR 443, 458 […]

January 09

Kyle Jordaan: Damages against the Administrative State – The South African and Indian Experience

The design of appropriate remedies to cure harm occasioned by the administrative process has shown to be a perennial plague for the South African judiciary. Of the hurdles experienced includes the broader dilemma of whether private law or public law is to regulate a matter and thereafter provide redress. In particular, courts have displayed a […]