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.............................................................................................................................Description Now in a Text and Materials format, this new edition of Beatson, Matthews and Elliott's Administrative Law: Text and Materials combines carefully selected extracts from key cases, articles, and other sources with thorough detailed commentary. Aimed at undergraduates studying administrative law, with a particular emphasis on judicial review, it provides comprehensive coverage of the subject, bringing together in one volume the best features of a textbook and a casebook. By exposing readers to a wide range of primary sources and providing clear explanations of their impact and significance, the book provides an integrated treatment of administrative law which allows students to gain a wide-ranging knowledge of this area, while engaging with the issues in depth. Administrative law is presented in this book as the expression of a set of deeper constitutional and other policy concerns which fundamentally shape the relationship between the citizen and the state, rather than simply as a body of legal rules which regulates that relationship. The third edition of this book has been thoroughly updated in order to reflect the latest advances in this area of law. ............................................................................................................................. Contents 1. Introductory Matters 1.1 - Administrative Law 1.2 - How is Good Administration to be secured? 1.3 - The Changing Face of Judicial Review 1.4 - The Constitutional Basis of Judicial Review 1.5 - Administrative Power in the Modern Constitution 1.6 - Concluding Remarks Further Resources 2. Jurisdiction 2.1 - Introduction 2.2 - Errors of Law 2.3 - Applying Statutory Criteria to the Facts 2.4 - Supervision of the Fact-Finding Process 2.5 - Subjective Jurisdictional Criteria 2.6 - Non-Compliance with Statutory Requirements 2.7 - Concluding Remarks Further Resources 3. The Status of Unlawful Administrative Action 3.1 - Void or Voidable? 3.2 - The Nature of Voidness 3.3 - Managing the Practical Effects of Voidness 3.4 - Collateral Challenge 3.5 - Concluding Remarks Further Resources 4. Discretionary Power: An Introduction 4.1 - What is Discretionary Power? 4.2 - Discretion and the Administrative State Further Resources 5. The Scope of Public Law Principles 5.1 - Introduction 5.2 - Statutory Powers 5.3 - Prerogative 'Powers 5.4 - De Facto Powers 5.5 - Section 6 of the Human Rights Act 1998 5.6 - Concluding Remarks Further Resources 6. Retention of Discretion 6.1 - Introduction 6.2 - Delegation of Discretionary Power 6.3 - Discretion and Policy 6.4 - Discretionary Power and Contractual Arrangements 6.5 - Concluding Remarks Further Resources 7. Legitimate Expectations 7.1 - Lawfully Created Expectations 7.2 - Unlawfully Created Expectations 7.3 - Concluding Remarks Further Resources 8. Abuse of Discretion I 8.1 - Introduction 8.2 - Loyalty to the Statutory Scheme: The Propriety of Purpose Doctrine 8.3 - Inputs into the Decision-Making Process: The Relevancy Doctrine 8.4 - Concluding Remarks Further Resources 9. Abuse of Discretion II 9.1 - Introduction 9.2 - Reasonableness and Rationality 9.3 - Proportionality as a Principle of Review 9.4 - Concluding Remarks Further Resources 10. The Rule against Bias 10.1 - The Rule: Its Scope and Rationale 10.2 - Automatic Disqualification 10.3 - The Apprehension of Bias 10.4 - Bias, Policy, and Politics 10.5 - Article 6 10.6 - Concluding Remarks Further Resources 11. Procedural Fairness 11.1 - The Idea of Procedural Fairness 11.2 - The Province of Procedural Fairness 11.3 - The Nature of Procedural Fairness 11.4 - Concluding Remarks Further Resources 12. Giving Reasons for Decisions 12.1 - Reasons, Notice, and Rationality 12.2 - Why Require Reasons? 12.3 - The Duty to Give Reasons at Common Law 12.4 - Statutory and Other Duties to Give Reasons 12.5 - Implications of the Duty to Give Reasons 12.6 - Concluding Remarks Further Resources 13. Remedies 13.1 - Introduction 13.2 - Injunctions 13.3 - Declarations 13.4 - Relator Proceedings 13.5 - Prerogative Remedies 13.6 - Concluding Remarks Further Resources 14. The Judicial Review Procedure 14.1 - Introduction 14.2 - What is the Judicial Review Procedure? 14.3 - When Must the Judicial Review Procedure be Used? 14.4 - Concluding Remarks Further Resources 15. Restriction of Remedies 15.1 - Introduction 15.2 - Permission 15.3 - Exhaustion of Alternative Remedies 15.4 - Time Limits 15.5 - Prematurity and Ripeness 15.6 - Exclusion of Judicial Review 15.7 - Standing 15.8 - Concluding Remarks Further Resources 16. Liability of Public Authorities and Crown Proceedings 16.1 - General Matters 16.2 - Tort 16.3 - Contract 16.4 - Restitution 16.5 - Remedies, Procedure, and Public Interest Immunity Further Resources 17. Delegated Legislation 17.1 - Introduction 17.2 - The Making of Delegated Legislation 17.3 - Parliamentary Scrutiny 17.4 - Judicial Scrutiny 17.5 - Concluding Remarks Further Resources 18. Inquiries 18.1 - Introduction 18.2 - Background to the Modern Law 18.3 - Statutory Inquiries Today 18.4 - Ad Hoc Inquiries 18.5 - Concluding Remarks Further Resources 19. Statutory Tribunals 19.1 - Introduction 19.2 - The Independence of Tribunals 19.3 - Procedure in Tribunals 19.4 - Ap peals and the System of Tribunals 19.5 - The Supervision and Accountability of Tribunals 19.6 - Concluding Remarks Further Resources 20. Ombudsmen 20.1 - Introduction 20.2 - Bodies Subject to Investigation 20.3 - Matters Subject to Investigation 20.4 - The Conduct of Investigations 20.5 - Problems and Reform 20.6 - Concluding Remarks Further Resources ............................................................................................................................. About the Author Dr. Mark Elliott is a Lecturer in Law and Assistant Director of the Centre for Public Law at the University of Cambridge. He is also a Fellow of St Catharine's College, Cambridge. Sir Jack Beatson FBA, formerly Rouse Ball Professor of English Law at the University of Cambridge, is a Justice of the High Court, Queen's Bench Division. Martin Matthews is a Fellow and Praelector in Jurisprudence at University College, Oxford and a C.U.F. Lecturer in Law at the University of Oxford..............................................................................................................................
