Administrative Justice in Context

by Michael Adler

Overview

This book comprises a definitive collection of papers on administrative justice, written by a set of very distinguished contributors. It is divided into five parts, each of which contains articles on a particular aspect of administrative justice. The first part deals with the impact of 'contextual changes' on administrative justice and considers the implications of changes in governance and public administration, management and service delivery, information technology, audit and accounting, and human rights for administrative justice. The second part deals with conceptual issues and describes a number of competing approaches to the administrative justice. The third part deals with the application of administrative justice principles to private law disputes while the fourth part deals with the distinctive characteristics of administrative justice in three other jurisdictions. The final part deals with current developments in administrative justice and the book concludes with a discussion of legislative and policy developments in the UK.
The general approach of the book is socio-legal and interdisciplinary. The chapters adopt a variety of disciplinary perspectives, including those derived from political science, public policy, social policy, accounting and information technology as well as from law. Although most of the contributors are academics, some are practitioners. For these reasons, the book should be of interest to lawyers, particularly those with interests in administrative law, and to social scientists, particularly those with interests in public administration, public policy and public management.

Product Details

ISBN-13:	9781841139289
Publisher:	Bloomsbury Academic
Publication date:	04/30/2010
Pages:	542
Product dimensions:	6.10(w) x 9.10(h) x 1.30(d)

About the Author

Michael Adler is Emeritus Professor of Socio-Legal Studies and Leverhulme Emeritus Fellow in the School of Social and Political Science at Edinburgh University.

Table of Contents

Acknowledgements v

List of Contributors ix

Introduction Michael Adler xv

Part 1 Contextual Changes and Their Implications for Administrative Decision Making 1

1 The Changing Context of Governance: Implications for Administration and Justice Andrew Gamble Robert Thomas 3

2 Delivering Choice and Administering Justice: Contested Logics of Public Services John Clarke Janet Newman Morag McDermont 25

3 Developments In E-government Helen Margetts Martin Partington 47

4 The Audit Society: Helping to Develop or Undermine Trust in Government? Irvine Lapsley Jeremy Lonsdale 73

5 Changes in Human Rights David Feldman 97

Part 2 Conceptual Issues and Analytic Approaches 127

6 Understanding and Analysing Administrative Justice Michael Adler 129

7 The Organisation of Administrative Justice Systems: The Role of Political Mistrust Robert A Kagan 161

8 A Cultural Analysis of Administrative Justice Simon Halliday Colin Scott 183

9 Through the Eyes of Bureaucrats: How Front-line Officials Understand Administrative Justice Marc Hertogh 203

Part 3 Public-Private Issues 227

10 Towards the Horizontal Effect of Administrative Justice Principles Dawn Oliver 229

11 Where and How Should the Private Sector Ombudsman Be Seen in the Administrative Justice Landscape? Walter Merricks 249

Part 4 Comparative Perspectives on Administrative Justice 269

12 Administrative Justice in Australia Robin Creyke 271

13 Administrative Justice from a Continental European Perspective Albertjan Tollenaar Ko De Ridder 301

14 Administrative Justice in a Scandinavian Legal Context: From a Liberal and a Social State to a Market State or a Milieu State Carsten Henrichsen 321

Part 5 Current Developments in Administrative Justice in the UK 351

15 Grievances, Remedies and the State-Revisited and Re-appraised Patrick Birkinshaw 353

16 A Holistic Approach to Administrative Justice? Tom Mullen 383

17 Joining Up Citizen Redress in UK Central Government Patrick Dunleavy Simon Bastow Jane Tinkler Sofia Goldchluk Ed Towers 421

18 Current Developments in the UK-Complaints Procedures and Ombudsmen Jackie Gulland 457

19 Currnt Developments in the UK: System Building-From Tribunals to Administrative Justice Brian Thompson 483

Index 517

Editorial Reviews

"..a timely contribution to the public law literature...

..if the purpose of academic writing is to provoke though and inspire new ways of looking at a subject, the book is an undoubted success. Within its chapters, which range from 'deep' theory to a root-and-branch critique of existing administrative justice arrangements, there is enough academic food for thought to keep scholars busy for years to come.

Although inevitably many readers will dip in and out of the book according to their interests, the book also works read cover to cover. Connections are made with wider themes of governance, theory is explored in some depth, comparative studies and current debates are used to add contemporary insight to the book, and the overall system of redress mechanisms is appraised.

... the coverage is impressive and the reader is left with a clearer and more comprehensive understanding of the subject.

The book ... will set the benchmark for works within its field for many years to come.

...the themes and ideas identified in this book remain vital to a full comprehension of administrative justice.

...it is a superb compilation of essays and full of ideas that challenge our way of thinking about the subject. Moreover, it contains significant proposals for reform which deserve further scrutiny. Tribute should be paid to Professor Adler for bringing together and being bold enough to invite such a diverse collection of authors. The book will be essential reading for many years to come and I would recommend it to all scholars and students of public law..." --The Modern Law Review, Volume 74, Number 4

From the Publisher