GS/Law 6761:  Theoretical Perspectives on Public Law & Administration
Class:  October 14/04
your background and interest in administrative law
term paper topics
take-home exam:  Saturday

Liberalism & the rule of law
John Evans:  “Nothing is more practical than theory.”
A.V. Dicey
    no one may act outside the law (abuse of power)
    law applies equally
    human rights result from rule of law

Jennings’ critique of Dicey
    Dicey was a “whig” liberal
    Dicey’s agenda:  common law superior to civil law approach
        in the social welfare age, professional public servants need discretion
Alan Cairns
    pervasiveness of government
    “the state” is so pervasive and extensive, electoral, leg. & cabinet control are difficult
    intergovernmental aspects
    impact of Charter

John Evans
    overview of public administration & administrative law
    until 1930s, Diceyan approach pervasive
    privative clauses; courts eventually became reluctant to intervene
    rule of law generally accepted, though many different versions

    political theory in 1950s considered dead
    emphasis on empirical analysis
    today, theory and empirical analysis co-exist

Peter Hogg on responsible government
Hutchison & Monahan:  a critical approach
Final Appeal study
Brooks:  approaches to study of public policy
    public choice
    class analysis
Harry Arthurs & legal pluralism