Anya Bernstein, Review of Paul Daly, Understanding Administrative Law in the Common Law World
Document Type
Article
Publication Date
1-2024
ISSN
1474-2640
Publisher
Oxford University Press
Language
en-US
Abstract
In Understanding Administrative Law in the Common Law World, Paul Daly argues that the broad, seemingly amorphous realm of administrative law can be rationalized through four core values which pervade judicial opinions across various areas. Daly offers a “values-based framework for administrative law” (at 225). Before we get to those values, though, it bears mention that this book covers something slightly different than its title suggests. Specifically, it deals with England, Ireland, Canada, Australia, and New Zealand, where "[j]udicial review of administrative action is a creature of the common law" (at 2) without much statutory codification (in contrast to, for instance, the United States, a common law system in which administrative law statutes provide the basis for considerable judicial development). It also, as the quote above suggests, primarily addresses the judicial review of administrative action, not other aspects of administrative law, such as regulatory process or “internal” administrative law. For the most part, it looks at the judicial review of agencies’ individualized determinations (not of regulations). In short, the book deals with the judicial review of agency adjudication in several key Commonwealth jurisdictions.
Recommended Citation
Anya Bernstein,
Anya Bernstein, Review of Paul Daly, Understanding Administrative Law in the Common Law World
,
22
International Journal of Constitutional Law
237
(2024).
Available at:
https://scholarship.law.bu.edu/faculty_scholarship/4265
