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51 - Administrative Law

from Part III D - The Legal System

Published online by Cambridge University Press:  27 March 2025

By
Farrah Ahmed
Edited by
Richard Bellamy  and
Jeff King
Richard Bellamy
Affiliation:
University College London
Jeff King
Affiliation:
University College London
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Summary

This chapter argues that the relationship between administrative law and constitutional law is significant and that this relationship sheds light on the nature of both areas of law. The chapter develops the idea that administrative law regulates delegates and constitutional law regulates delegators. This idea, the chapter argues, helps us make sense of the nature and content of administrative law, as well as how it relates to constitutional law.

Keywords

constitutional and administrative lawadministrative law theorydelegationthe Crownde facto powers
Type
Chapter
Information
The Cambridge Handbook of Constitutional Theory , pp. 902 - 916
Publisher: Cambridge University Press
Print publication year: 2025

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References

Recommended Reading

Allan, T. (1994). Law, Liberty and Justice: The Legal Foundations of British Constitutionalism, Oxford: Oxford University Press.CrossRefGoogle Scholar
Cane, P. (1996). Administrative Law, Oxford University Press.Google Scholar
Dyzenhaus, D. (2000). Form and Substance in the Rule of Law: A Democratic Justification for Judicial Review? In Forsyth, C., ed., Judicial Review and the Constitution. Oxford: Hart.Google Scholar
Elliott, M. (2001). The Constitutional Foundations of Judicial Review, Oxford: Hart.Google Scholar
Elliott, M., & Varuhas, J. (2017). Administrative Law: Text and Materials, 5th edn, Oxford: Oxford University Press.CrossRefGoogle Scholar
Forsyth, C. (2000). Judicial Review and the Constitution, Oxford: Hart.Google Scholar
Harlow, C., & Rawlings, R. (2009). Law and Administration, 3rd edn, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Loughlin, M. (2010). Foundations of Public Law, Oxford: Oxford University Press.CrossRefGoogle Scholar
McLean, J. (2012). Searching for the State in British Legal Thought, Cambridge: Cambridge University Press.CrossRefGoogle Scholar
Oliver, D. (1999). Common Values and the Public-Private Divide, Cambridge: Cambridge University Press.Google Scholar
Rawlings, R. (2008). Modelling Judicial Review. Current Legal Problems, 61(1), 95–123.CrossRefGoogle Scholar
Sunkin, M., & Payne, S. (1999). The Nature of the Crown: A Legal and Political Analysis, Oxford: Clarendon Press.CrossRefGoogle Scholar

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