Administrative Procedure and Judicial Review: A ‘Common Core’ Research

Abstract

This chapter begins by explaining why judicial review of administration is interesting terrain for a comparative analysis, also in the light of European and international principles. It is helpful to bear in mind that, for a long period of time, a strand of thought in public law has contested not just the usefulness, but even the possibility of a meaningful comparison between national systems of judicial review. It is important, however, to take cognisance of two fundamental dimensions of change: one is the increasing specialization of the courts that exercise control over administrative power and the other is the emergence of common principles at European and international level. The chapter then highlights the importance of procedural fairness and propriety, although the legal relevance and significance of these principles will differ depending upon the history of any society and its political choices. It also addresses some methodological issues, including the nature of the 'factual analysis' and the choice of legal systems.