False Dichotomies in Administrative Law: From There to Here

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Journal Article
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Date
2016
Authors
Joseph PA
Abstract

This article critiques nine judicially-constructed dichotomies that dominated administrative law following the war. These dichotomies were fixed and unforgiving, portraying administrative law as rigorous and analytical. They lent respectability to a subject that naturally spawned suspicion. Senior judges denounced the subject as “Continental jargon” and the work of “academicians”. The irony is that the dichotomies employed to invigorate the subject were transparently false. They stultified administrative law reasoning and checked the courts’ ability to be effective purveyors of public accountability.

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Citation
Joseph PA (2016). False Dichotomies in Administrative Law: From There to Here. New Zealand Law Review. [2016](1). 127-156.
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ANZSRC fields of research
Fields of Research::48 - Law and legal studies::4807 - Public law::480701 - Administrative law
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All rights reserved unless otherwise stated