Skip to main content Accessibility help
×
Hostname: page-component-848d4c4894-x24gv Total loading time: 0 Render date: 2024-06-01T00:16:03.317Z Has data issue: false hasContentIssue false

Part III - The Law of Public Administration

Published online by Cambridge University Press:  02 October 2020

Elizabeth Fisher
Affiliation:
University of Oxford
Sidney A. Shapiro
Affiliation:
Wake Forest University, North Carolina
Get access

Summary

As the law of public administration, judicial review is fundamental. As Louis Jaffe stated in 1965, the “availability of judicial review is the necessary condition, psychologically if not logically, of a system of administrative power which purposes to be legitimate or legally valid.”1 As a forum for active and authoritative accountability, it ensures the worthiness of the administrative state to be recognized. But judicial review for the sake of judicial review is not prima facie meaningful. If it is to be a form of meaningful accountability,2 it must take both administrative authority and capacity into account. As we have said in Chapter 1, the legitimacy of the administrative state depends not only on the legal authority to act, but on the administrative capacity to implement statutory mandates.

Type
Chapter
Information
Administrative Competence
Reimagining Administrative Law
, pp. 215 - 297
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×