Talk:Administrative law

From Wikipedia, the free encyclopedia

A summary of this article appears in Law.

	Law Portal This article is within the scope of WikiProject Law, an attempt at providing a comprehensive, standardised, pan-jurisdictional and up-to-date resource for the legal field.
???	This article has not yet received a quality rating on the assessment scale.
Top	This article has been assessed as Top-importance on the assessment scale.

[edit] Judicial Review

This article is wholly inadequate, in my judgement.

In my judgement, it is a mistake to fuse the administrative law of America and the administrative law of "common law countries". And, further, it is a mistake to merely subsume the administrative law relating to the laws of England as a mere subsection of a larger article devoted to American administrative law.

I propose that the two be truncated. Further, that a fuller article be devoted to judicial review of administrative action as applied to England and Wales.

If I have the time, I will try my very best to do it.

[...]

I haven't got the time to make changes, but here are some points to note:

In English law, the doctrine of legitimate expectations is definitely applied, both as to expectations of a procedural and a substantive benefit. See P.Craig, Administrative Law 5th ed. (London: Sweet & Maxwell, 2004) for details.

In Canada, the courts determine a standard of review in applying a pragmatic and functional approach under which they can adopt one of three standards: patent unreasonableness, reasonableness simpliciter, or correctness. See the Pushpanathan and Baker cases. The existing article says 'patent unreasonableness' alone.

I also agree that a fuller article on England and Wales is appropriate.

[edit] Common Law

I've mostly given up editing on Wikipedia -- but I couldn't let "Anglo-American common law countries" pass. It's just "Common Law". We (the U.S.) didn't help invent it, any more than all the other common law countries (Canada, Australia, etc.; but not Scotland!) did.

This entire article is in bad shape. Administrative law in the United States only faintly resembles the practices described here. Amcfreely 05:54, 3 April 2006 (UTC)

In what sense? It seems to be a moderately accurate summary of American administrative law, though perhaps more information about the actual promulgation and real-world application of regulations in the United States could be added. --Coolcaesar 18:04, 3 April 2006 (UTC)

I'm talking mostly about the general introductory paragraphs: "their decisions could be reviewed by a court of general jurisdiction under some principle of judicial review based upon due process," "when sitting in review of a decision, the Court will only look at the method in which the decision was arrived at, whereas in appeal the correctness of the decision itself will be under question," "in terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it...arbitrary and capricious under (U.S. Administrative Procedure Act and New York State law)." All three sentences are misleading and incorrect. Amcfreely 21:18, 3 April 2006 (UTC)

[edit] France and Germany

"Administrative law is the body of law that arises from the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda."

If I understand it right, it means that administrative law is (in comon law countries) the law created by administrative agencies. But in France - and probably also in countries like Germany - , droit administratif doesn't have this meaning: it refers to laws (created by the Parliament, the Government, or case-law) by which rule public services (and, to some extent, the the government) are bound. So I think we shouldn't address French administrative courts here just because these courts are interested in something whose name happens to be the literal translation of the English article title. Apokrif 17:55, 24 March 2006 (UTC)