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Vol 25 No 2 Feb/March 2020

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Lewin on Trusts

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Controlling Administrative Power: An Historical Comparison

ISBN13: 9781316601501
Published: March 2016
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £31.99
Hardback edition , ISBN13 9781107146358

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This wide-ranging comparative account of the legal regimes for controlling administrative power in England, the USA and Australia argues that differences and similarities between control regimes may be partly explained by the constitutional structures of the systems of government in which they are embedded.

It applies social-scientific and historical methods to the comparative study of law and legal systems in a novel and innovative way, and combines accounts of long-term and large-scale patterns of power distribution with detailed analysis of features of administrative law and the administrative justice systems of three jurisdictions.

It also proposes a new method of analysing systems of government based on two different models of the distribution of public power (diffusion and concentration), a model which proves more illuminating than traditional separation-of-powers analysis.

Constitutional and Administrative Law, Legal History
1. Introduction: concepts and methodology
2. The English system of government
3. The US system of government
4. The Australian system of government
5. The development and institutional structure of control regimes
6. Administrative interpretation
7. Administrative fact-finding and policy-making
8. Administrative rule-making
9. Administrative adjudication
10. Private law controls
11. Controlling information
12. The new public management
13. Controlling the controllers
14. Concluding reflections on methodology and themes.