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This book offers an accessible critical introduction to administrative law by reference to a number of key ideas which characterise administrative law. By way of introduction the book considers the different theories that have been advanced to explain administrative law, including their explanatory strengths and weaknesses. The book considers the question of scope, that is who is bound by administrative law principles. The book then examines the obligations imposed by administrative law, including consideration of who has standing to sue for breach of these duties and the remedies available for breach. These obligations can be grouped per two key ideas. First, public duties: these are duties which require public authorities to exercise their powers properly for the public good. Second, rights: in exercising their public powers public authorities must not interfere with individual legal rights, including the rights under the Human Rights Act 1998 and rights in private law fields such as the law of torts. Lastly, the book considers, by reference to cutting-edge issues in administrative law, the tension between two key ideas that underpin administrative law: administrative autonomy and legal control.
Über den Autor / die Autorin
Jason NE Varuhas is a Professor of Law at the University of Melbourne. He is also an Associate Fellow of the University of Cambridge Centre for Public Law and the 2019 Robert S Campbell Visiting Fellow in Law at Magdalen College, Oxford. He has formerly held academic positions at the University of Cambridge and University of New South Wales. He has published widely in the fields of public law, tort law and remedies, and his work has been cited by courts in the UK, Australia and New Zealand. He is the author or editor of seven books, and his book Damages and Human Rights (Hart Publishing) was awarded the 2016 UK Society of Legal Scholars Peter Birks Prize for Outstanding Legal Scholarship and the 2018 Inner Temple New Authors Book Prize. He is a founder and convenor of the Public Law Conference series, the leading international conference on public law in common law systems.