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Vol 21 No 9 Sept/Oct 2016

Book of the Month

Cover of Goode on Commercial Law

Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Administrative Law: Rethinking Judicial Control of Bureaucracy New ed

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ISBN13: 9780300052534
ISBN: 0300052537
Published: August 1992
Publisher: Yale University Press
Country of Publication: USA
Format: Paperback
Price: £11.50

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This seminal book presents a fundamental reconsideration of modern American administrative law. According to Christopher Edley, the guiding principle in this field is that courts should apply legal doctrines to control the discretion of unelected bureaucrats. In practice, however, these doctrines simply give unelected judges largely unconstrained - and inescapable - discretion. Assessed on its own terms, says Edley, administrative law is largely a failure. He discusses why and how this is so and argues that law should abandon its obsession with bureaucratic discretion and pursue instead the direct promotion of sound governance.

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Other Jurisdictions , USA
Part 1 The structure of administrative law: introduction - the discretion problem and the continuing importance of separation of powers theory; an expository essay - the trichotomy of politics, science and adjudicatory fairness; the trichotomy's conceptual failings; scope of judicial review.
Part 2 Reconstructing administrative law: unsuccessful remedies for the futility of administrative law; a constructive essay - ""harder-look"" review; a speculative essay - from trichotomy to trio - and sound governance review.