Administrative Theory Flashcards
What is Dicey’s view of administrative law?
-Orthodox, ultra vires model
-Parliament is sovereign and has all the power which it gives out
-Public authorities can act within their power but if they act outside of this then that is when the courts intervene
What is the modified ultra vires model?
-Court will ask what power Parliament intended you to have
-The court will think about what is reasonable to expect, i.e. if you were given the power to write this does not mean you should do so on the walls, clearly not the intention
-View of Forsyth and Elliot
What is the common law theory of administrative law?
-The power is conferred by statute
-The public body then does something it is not permitted to
-The courts will step in and look at what the common law would say, this is an innate role
-Craig
What is the red light theory of administrative law?
-Encompasses both UV models and CL theory
-Argued by Harlow and Rawlings to have 4 key principles:
1. The law is superior over politics
2. The administrative state is something that needs to be kept in check by the law
3. The best way is by rule based adjudication in court
4. The goal should be to enhance individual liberty, where this is to be left alone without political interference
What is the right based model of administrative law?
-The law is based on the rights afforded to everyone in society
-Administrative law acts to stop abuses of power that affect these rights
-Ensures liberty is protected
-Varhaus and Laws LJ
What is the good administration theory of administrative law?
-The court will apply and give effect to the outcome that is the best for the law
-The law is still superior
-Cane
What is the green light theory of administrative law?
-Believes in whatever is the most efficient decision, i.e. even if this is above the law
-Has 4 four key principles:
1. The law is neither autonomous from politics or superior to administration
2. Public administration is not a necessary evil but a positive good
3. The object is not to stop bad practice but encourage good ones through challenging and guidance;
4. The goal should be to enhance individual and collective liberty
-Argued by Harlow and Rawlings
