{"title":"司法审查与行政司法","authors":"T. Arvind, S. Halliday, Lindsay Stirton","doi":"10.1093/oxfordhb/9780190903084.013.6","DOIUrl":null,"url":null,"abstract":"There has been little dialogue or contact between the literatures on administrative justice and judicial review. This chapter argues that the two share common concerns and would benefit from closer engagement. Using a scheme based on Mary Douglas’s grid-group cultural theory, it suggests that judicial review can and does discharge a variety of tasks that are fundamentally concerned with administrative justice. A closer focus on these tasks, and on the contribution they make to infusing justice into the functioning of administrative government, has the potential to productively reframe the concerns of judicial review scholarship and overcome the current ‘clash of styles’ that currently characterises theoretical work in public law.","PeriodicalId":164528,"journal":{"name":"The Oxford Handbook of Administrative Justice","volume":"21 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"2021-06-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Judicial Review and Administrative Justice\",\"authors\":\"T. Arvind, S. Halliday, Lindsay Stirton\",\"doi\":\"10.1093/oxfordhb/9780190903084.013.6\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"There has been little dialogue or contact between the literatures on administrative justice and judicial review. This chapter argues that the two share common concerns and would benefit from closer engagement. Using a scheme based on Mary Douglas’s grid-group cultural theory, it suggests that judicial review can and does discharge a variety of tasks that are fundamentally concerned with administrative justice. A closer focus on these tasks, and on the contribution they make to infusing justice into the functioning of administrative government, has the potential to productively reframe the concerns of judicial review scholarship and overcome the current ‘clash of styles’ that currently characterises theoretical work in public law.\",\"PeriodicalId\":164528,\"journal\":{\"name\":\"The Oxford Handbook of Administrative Justice\",\"volume\":\"21 1\",\"pages\":\"0\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2021-06-09\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"The Oxford Handbook of Administrative Justice\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1093/oxfordhb/9780190903084.013.6\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"The Oxford Handbook of Administrative Justice","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1093/oxfordhb/9780190903084.013.6","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
There has been little dialogue or contact between the literatures on administrative justice and judicial review. This chapter argues that the two share common concerns and would benefit from closer engagement. Using a scheme based on Mary Douglas’s grid-group cultural theory, it suggests that judicial review can and does discharge a variety of tasks that are fundamentally concerned with administrative justice. A closer focus on these tasks, and on the contribution they make to infusing justice into the functioning of administrative government, has the potential to productively reframe the concerns of judicial review scholarship and overcome the current ‘clash of styles’ that currently characterises theoretical work in public law.