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Judicial Review and Compliance with Administrative Law

By: Simon Halliday
Media of Judicial Review and Compliance with Administrative Law
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Published: 08-05-2004
Format: Hardback
Edition: 1st
Extent: 188
ISBN: 9781841132655
Imprint: Hart Publishing
Dimensions: 216 x 138 mm
RRP: £55.00
Online price : £38.50
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About Judicial Review and Compliance with Administrative Law

How effective is judicial review in securing compliance with administrative law? This book presents an empirically-based study of the influence of judicial review on government agencies. In doing so,it explores judicial review from a regulatory perspective and uses the insights of the regulation literature to reflect on the capacity of judicial review to modify government behaviour. On the basis of extensive research with heavily litigated government agencies, the book develops a framework for analysing and researching the regulatory capacity of judicial review. Combining empirical and legal analysis, it describes the conditions which must exist to maximise judicial review's capacity to secure compliance with administrative law.

Table Of Contents

PART ONE: INTRODUCTION
1: The Enquiry

PART 2: THE DECISION-MAKERS
2: The Reception of Legal Knowledge into Government Agencies
3: Legal Conscientiousness
4: Legal Competence

PART 3: THE DECISION-MAKING ENVIRONMENT
5: The Decision-Making Environment

PART 4: THE LAW
6: The Contestedness of Administrative Justice
7: Judicial Control and Agency Autonomy
8: The Competition between Individual and Agency Interests

PART 5: CONCLUSION
9: Judicial Review and Compliance with Administrative Law

Reviews

“The approach adopted is socio-legal and the work combines empirical and legal analysis to good effect. It succeeds in laying the ground for further research in this important area of law and public policy.” –  Journal of the Commonwealth Lawyers' Association

“…an extremely important contribution…Its significance..is in the provocative questions it poses and the framework for future research that it establishes…an extremely good book that should definitely be on the book shelf of anyone who is interested in the study of law and administration. It is precisely this sort of theoretically grounded empirical work that the study of law and administration needs.” –  Byron Sheldrick, Social and Legal Studies, Vol 15, No 2.

“...no one in the UK has done more than Simon Halliday to move this area of work along…The insights he provides will be of tremendous value to researchers…[It] constitutes a very significant contribution to our understanding…” –  Maurice Sunkin, Legal Studies, Vol 26, No 1

“Intellectually insightful and focussed…” –  Ridwanul Hoque, The Cambridge Law Journal

“This is an outstanding piece of scholarship. It deserves to be read by anyone interested in administrative decision-making and in law as an instrument of policy. It raises and starts to answer important questions about organisational performance and analyses some of the major barriers that law must overcome to have an effective influence on the goods and services that citizens receive from the state.” –  Edward C. Page, London School of Economics, Public Law

“…those with an academic interest in what influence judicial review decisions may have will find Halliday's analytic approach an interesting way of looking at a complex and increasingly important subject.” –  Rona Epstein, The Legal Executive

“[This book], will serve as an excellent resource for empirical researchers seeking to isolate the influence of judicial review on administrative decision-making, administrative law teachers wanting to enrich student comprehension with case-studies, and for all scholars interested in understanding the impact of judicial review on government action. Furthermore, Halliday's book will be a tantalizing read for administrative lawyers because it presents, the form of compelling narratives, 'smoking-gun evidence' of non-compliance. He contributes significantly to the field by providing a sound analytical framework for further inquiry.

His methodological approach breathes life into the often abstracted and decontextualized world of administrative decision-making, and his revealing interviews with HPU decision-makers make his work accessible to a broad range of readers.

...Halliday's ability to weave narrative, social theory and legal doctrine creates a thought provoking text.



” –  Eli Paul Mazur, The Law and Politics Book Review

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