Law and Administration

As every student of government should know, the administrative process is shaped not only by executive and legislature but also by courts. This chapter focuses on the judicial contribution in the form of procedural review, classically associated with the two Latin tags: audi alteram partem (hear the other side) and nemo iudex in causa sua (no one a judge in his own cause). Suitably hallowed, even hackneyed, the precept that ‘justice must not only be done but be seen to be done’ is of the essence of the rule of law. Ridge v. Baldwin famously ushered in a more vigorous concept of procedural fairness in the context of the extended administrative state (see p. XXX above). Running alongside the rise of managerialism and marketisation and latterly austerity, the development has picked up pace in the last few decades with successive and overlapping forms of groundbreaking intervention.