GS/Law
6761: Theoretical Perspectives on Public Law & Administration
Class: October 14/04
Introductions
your background and interest in administrative law
Evaluation
term paper topics
take-home exam: Saturday
MRPs
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
Loughlin
political theory in 1950s considered dead
emphasis on empirical analysis
today, theory and empirical analysis co-exist
Locke
Mill
Peter Hogg on responsible government
Hutchison & Monahan: a critical approach
Final Appeal study
Brooks: approaches to study of public policy
pluralism
public choice
class analysis
statism
Harry Arthurs & legal pluralism