This page intentionally left blank Law and Administration As the branch of law dealing with the exercise of governmental power, and so directly concerned with politics, policy issues and good governance values, administrative law can challenge even the advanced student. In response, this classic text looks at both the law and the factors informing it, elaborating the foundations of the subject. Th is contextualised approach allows the reader to develop a broad understanding of the subject. Th e authors consider the dis- tinctive theoretical frameworks which inform study of this challenging subject. Case law and legislation are set out and discussed and the authors have built in a range of case studies, to give a clear practical dimension to the study. Th is new and updated edition will cement the title’s prominent status. Carol Harlow FBA, QC (Hon), is Emerita Professor of Law at the London School of Economics and Political Science Richard Rawlings is Professor of Public Law at University College London The Law in Context Series Editors: William Twining (University College London), Christopher McCrudden (Lincoln College, Oxford) and Bronwen Morgan (University of Bristol). Since 1970 the Law in Context series has been in the forefront of the movement to broaden the study of law. It has been a vehicle for the publication of innovative schol- arly books that treat law and legal phenomena critically in their social, political and economic contexts from a variety of perspectives. Th e series particularly aims to publish scholarly legal writing that brings fresh perspectives to bear on new and existing areas of law taught in universities. A contextual approach involves treating legal subjects broadly, using materials from other social sciences, and from any other discipline that helps to explain the operation in practice of the subject under discussion. It is hoped that this orientation is at once more stimulating and more realistic than the bare exposi- tion of legal rules. Th e series includes original books that have a diff erent emphasis from traditional legal textbooks, while maintaining the same high standards of scholarship. Th ey are written primarily for undergraduate and graduate students of law and of other disciplines, but most also appeal to a wider readership. In the past, most books in the series have focused on English law, but recent publications include books on European law, globalisation, transnational legal processes, and comparative law. Books in the Series Anderson, Schum and Twining: Analysis of Evidence Ashworth: Sentencing and Criminal Justice Barton and Douglas: Law and Parenthood Beecher-Monas: Evaluating Scientifi c Evidence: An interdisciplinary framework for intellectual due process Bell: French Legal Cultures Bercusson: European Labour Law Birkinshaw: European Public Law Birkinshaw: Freedom of Information: Th e law, the practice and the ideal Cane: Atiyah’s Accidents, Compensation and the Law Clarke and Kohler: Property Law: Commentary and materials Collins: Th e Law of Contract Cranston: Legal Foundations of the Welfare State Davies: Perspectives on Labour Law Dembour: Who Believes in Human Rights?: Th e European Convention in question de Sousa Santos: Toward a New Legal Common Sense Diduck: Law’s Families Elworthy and Holder: Environmental Protection: Text and materials Fortin: Children’s Rights and the Developing Law Glover-Th omas: Reconstructing Mental Health Law and Policy Goldman: Globalisation and the Western Legal Tradition: Recurring patterns of law and authority Gobert and Punch: Rethinking Corporate Crime Harlow and Rawlings: Law and Administration Harris: An Introduction to Law Harris, Campbell and Halson: Remedies in Contract and Tort Harvey: Seeking Asylum in the UK: Problems and prospects Hervey and McHale: Health Law and the European Union Holder and Lee: Environmental Protection, Law and Policy Kostakopoulou: Th e Future Governance of Citizenship Lacey, Wells and Quick: Reconstructing Criminal Law Lewis: Choice and the Legal Order: Rising above politics Likosky: Transnational Legal Processes Likosky: Law, Infrastructure and Human Rights Maughan and Webb: Lawyering Skills and the Legal Process McGlynn: Families and the European Union: Law, politics and pluralism Moff at: Trusts Law: Text and materials Monti: EC Competition Law Morgan and Yeung: An Introduction to Law and Regulation: Text and materials Norrie: Crime, Reason and History O’Dair: Legal Ethics Oliver: Common Values and the Public–Private Divide Oliver and Drewry: Th e Law and Parliament Picciotto: International Business Taxation Reed: Internet Law: Text and materials Richardson: Law, Process and Custody Roberts and Palmer: Dispute Processes: ADR and the primary forms of decision-making Scott and Black: Cranston’s Consumers and the Law Seneviratne: Ombudsmen: Public services and administrative justice Stapleton: Product Liability Tamanaha: Th e Struggle for Law as a Means to an End Turpin and Tomkins: British Government and the Constitution: Text and materials Twining: General Jurisprudence: Understanding Law from a Global Perspective Twining: Globalisation and Legal Th eory Twining: Rethinking Evidence Twining and Miers: How to Do Th ings with Rules Ward: A Critical Introduction to European Law Ward: Law, Text, Terror Ward: Shakespeare and Legal Imagination Zander: Cases and Materials on the English Legal System Zander: Th e Law-Making Process Law and Administration Third Edition CAROL HARLOW FBA, QC (Hon), Emerita Professor of Law at the London School of Economics and Political Science RICHARD RAWLINGS Professor of Public Law at University College London CAMBRIDGE UNIVERSITY PRESS Cambridge, New York, Melbourne, Madrid, Cape Town, Singapore, São Paulo, Delhi, Dubai, Tokyo Cambridge University Press The Edinburgh Building, Cambridge CB2 8RU, UK Published in the United States of America by Cambridge University Press, New York www.cambridge.org Information on this title: www.cambridge.org/9780521197076 © Carol Harlow and Richard Rawlings 2009 This publication is in copyright. Subject to statutory exception and to the provision of relevant collective licensing agreements, no reproduction of any part may take place without the written permission of Cambridge University Press. First published in print format 2009 ISBN-13 978-0-511-64130-5 eBook (NetLibrary) ISBN-13 978-0-521-19707-6 Hardback ISBN-13 978-0-521-70179-2 Paperback Cambridge University Press has no responsibility for the persistence or accuracy of urls for external or third-party internet websites referred to in this publication, and does not guarantee that any content on such websites is, or will remain, accurate or appropriate. M. Barthélemy, the Dean of the Faculty of Law in the University of Paris, relates that thirty years ago he was spending a week-end with the late Professor Dicey. In the course of conversation M. Barthélemy asked a question about administrative law in this country. ‘In England’, replied Dicey, ‘we know nothing of administrative law; and we wish to know nothing.’ W. A. Robson, ‘The Report of the Committee on Ministers’ Powers’ (1932) 3 Political Quarterly 346.