The Struggle for Simplicity in Administrative Law
Michael Taggart (ed) Judicial Review of Administrative Action in the 1980s: Problems and Prospects (Oxford University Press: Auckland, 1986).
Victoria University of Wellington Legal Research Paper Series, Cooke Paper No. 34/2016
18 Pages Posted: 18 Oct 2014 Last revised: 24 Aug 2016
Date Written: February 20, 1986
Abstract
This is a revised version of a paper presented on 20 February 1986 by Sir Robin Cooke on administrative law. Sir Robin draws on more than 35 years of experience in the field to articulate what he considers to be a more “simple” approach to understanding administrative law. He begins with some warnings, cautioning counsel against the following: relying on extra-judicial comments by the judiciary (especially out of context), a dogmatic labelling of particular legal issues as being either “public” or “private”, and the use of obscure complications of principle. He then explains that the essential function of judicial review is to ensure that decision-makers act in accordance with the law, fairly and reasonably. Sir Robin then discusses each of these three heads, noting that they overlap. In doing so, he draws on cases, including Northumberland [1952] 1 KB 338, Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223 (CA), and Bromley London Borough Council v Greater London Council [1983] 1 AC 768.
Abstract by Tim Cochrane
Keywords: Lord Cooke, administrative law, public law, extra-judicial comments, public versus private, progress in the law, judicial review, Northumberland, Wednesbury, Bromley
JEL Classification: K10, K23, K41, K49
Suggested Citation: Suggested Citation