Does administrative law inhibit good government?

Tomlinson, Joe and Halliday, Simon (2024) Does administrative law inhibit good government? Edinburgh Law Review. ISSN 1364-9809 (In Press)

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Abstract

Administrative law, it might be said, suffers from both an image problem and an identity crisis. From the perspective of members of the public, the prospect of relying upon administrative law may seem remote and expensive,1 frequently turning out to be little more than a "hollow hope" in terms of its capacity to produce meaningful change. Meanwhile, from the perspective of government actors, administrative law–and the censorious judge peering over one’s shoulder– is often said to seem too proximate, burdensome, and, increasingly, an impediment to good and effective government. At times, it seems the only people with something positive to say about administrative law are the administrative lawyers.

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