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Rule of Law and Administrative Justice

Marique, Yseult (2021) 'Rule of Law and Administrative Justice.' In: Tomlinson, Joe and Thomas, Robert and Hertogh, Marc and Kirkham, Richard, (eds.) Oxford Handbook of Administrative Justice. Oxford University Press. ISBN 9780190903084

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Abstract

Administrative justice and the rule of law have often been in tension. However, they have converged over time as the scope of administrative justice and the conceptions of the rule of law have shifted. This chapter starts with the historical connections between administrative justice and the rule of law. It then maps ways in which the rule of law is expressed when administrative justice is embedded within administrative organization and when it is organized as a system external to the administration. This approach highlights the diversity of technical solutions to recurring questions across three major administrative systems (namely England, France, and the United States). This analysis also leads to highlighting two new challenges for the rule of law: first, how the rule of law responds to various forms of increasing administrative repression, and second, how the rule of law responds to globalization at a time when no coherent global administrative justice system exists.

Item Type: Book Section
Uncontrolled Keywords: rule of law; administrative capability; administrative repression; globalisation; comparative law
Divisions: Faculty of Humanities > Law, School of
Depositing User: Elements
Date Deposited: 13 Sep 2021 08:52
Last Modified: 13 Sep 2021 08:52
URI: http://repository.essex.ac.uk/id/eprint/30586

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