Full Description
This book of essays celebrates Mark Aronson's contribution to administrative law. As joint author of the leading Australian text on judicial review of administrative action, Aronson's work is well-known to public lawyers throughout the common law world and this is reflected in the list of contributors from the US, Canada, Australia, New Zealand and the UK. The introduction comes from Justice Michael Kirby of the High Court of Australia. The essays reflect Aronson's interests in judicial review, non-judicial grievance mechanisms, problems of proof and evidence, and the boundaries of public and private law. Amongst the contributors, Peter Cane, Elizabeth Fisher, and Linda Pearson write on administrative adjudication and decision-making, Anita Stuhmcke writes on Ombudsmen, and Robin Creyke and John McMillan, the Commonwealth Ombudsman, write on charters, codes and 'soft law'. There are evaluations of the profound influence of human rights law on judicial review from the UK by Sir Jack Beatson and Thomas Poole and from Canada by David Mullan.
Matthew Groves and Chief Justice James Spigelman address developing themes in judicial review, while Carol Harlow, Richard Rawlings, Michael Taggart and Janet McLean follow Aronson's interests into the private side of public law. An American perspective is added by Alfred Aman and Jack Beermann.
Contents
Introduction, by Michael Kirby AC, CMG 1 Between the Devil and the Deep Blue Sea: Administrative Law in an Age of Rights Thomas Poole 2 Common Law and Statute Law in US Federal Administrative Law Jack M Beermann 3 The Surrogacy Principle and Motherhood Statements in Administrative Law Matthew Groves 4 Interpretative Obligations as Constitutional Tools Jack Beatson 5 The Canadian Charter of Rights and Freedoms: A 'Direct Driver' of Judicial Review of Administrative Action in Canada? David Mullan 6 The Equitable Origins of the Improper Purpose Ground J J Spigelman AC 7 The Crown in the Courts: Can Political Theory Help? Janet McLean 8 Common Law Price Control, State-Owned Enterprises and The Level Playing Field Michael Taggart 9 Politics, Policy and Outsourcing in the United States: The Role of Administrative Law Alfred C Aman, Jr 10 Poetic Justice: Public Contracting and the Case of the London Tube Richard Rawlings 11 A Punitive Role for Tort Law? Carol Harlow 12 Understanding Administrative Adjudication Peter Cane 13 Fact-Finding in Administrative Tribunals Linda Pearson 14 Administrative Law, Pluralism and the Legal Construction of Merits Review in Australian Environmental Courts and Tribunals Elizabeth Fisher 15 Ombudsmen and Integrity Review Anita Stuhmcke 16 Soft Law v Hard Law Robin Creyke and John McMillan
