The overlap between administrative and constitutional law in South Africa has been lucidly explained by two recent posts on this blog by Kate O’Regan and Cora Hoexter. The Bill of Rights includes a ‘right to administrative action that is lawful, reasonable and procedurally fair’ (s 33 of the Constitution), which is given effect by way […]

Many explanations have been suggested for the divide between the European (especially the German-based) and the American models of constitutional law and for the unique character of American constitutionalism in particular. In this post, based on a recent article, we would like to explore a new explanation for this divide. Our argument would be that […]

This post contains a roundup of recent developments (in and out of courts) and scholarship in the area of administrative law around the common law world. To submit content for our next update, please email us at　alawblogorg@gmail.com. Judicial Developments in Administrative Law 1. The Singapore Court of Appeal has recently dismissed an application for judicial […]

There is nothing extraordinary about a critique of administrative law; we have been there before with, and since, A.V. Dicey’s early ventures. But Peter Hamburger now in a 600 page book entitled, Is Administrative Law Unlawful?, innovatively assails all over again the very foundations of administrative law. In saying that ‘administrative power is actually [very] […]

Contemporary normative theories about administrative law in the Commonwealth tradition concentrate on the appropriateness of judicial review of administrative action (see generally, C Harlow & R Rawlings). The key reference point tends to be comparative institutional competence, that is, whether the courts are in the right position to impose controls on public administration relative to […]

Appointments to the higher judiciary in India have long been fraught with controversy. The Indian Constitution empowers the President of India, after consultation with the Chief Justice and select other judges, to appoint justices of the high courts and Supreme Court. However, over a series of cases in the 1980s and 90s, the Supreme Court […]

This call for papers may be of interest to readers. The Public Law Conference series is the pre-eminent regular forum for the discussion of public law matters in the common law world. The first two conferences in the Public Law series were held in Cambridge in 2014 and 2016. From 11 to 13 July 2018, […]