Importance Of Administrative Law

Words: 986
Pages: 4

1. Introduction
Throughout this essay I am going to analyse a select amount of headings regarding accountability. As the essay topic is so vast, this essay will be unable to account for every aspect of the title however, it contends to look in-depth at each heading instead of merely glancing at the numerous the potential talking points of this topic.
The first heading regards the actual purpose of administration law, this essay shall review how administrative law works, it will do this by evaluating one of the core values of administrative law; accountability. Then it shall move onto the model used in administrative law to enforce proper standards of administrative decision making, this is called judicial review and will be analysed throughout
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Accountability ensures that a governments actions are transparent, fair and reasonable, it does this by holding those who have made a decision, responsible for that decision. If a person knows that they will be held accountable and judged on how they came to a decision then they will ensure that their actions are transparent, fair and reasonable because otherwise they will have to face the consequences of their actions. It is the process of how administrative law deliver’s accountability of administrative decision-makers that this essay will be …show more content…
Lord Scarman considered this in Nottingham County Council v Secetary of State for the Environment were he said, ‘Judicial review is a great weapon in the hands of the judges: but the judges must observe the constitutional limits set by our parliamentary system upon their exercise of this beneficent power.’ Although he said this in nineteen-eighty six there is still to this day great debate over the extent of the judiciary’s intervention and deference during a judicial review.

Hogan J explained in the Bar Review that there are certain doctrines of judicial review such as reasonableness and proportionality which concern not just an examination of the legality of the decision made but also the merits of a decision. This goes against what Hamilton CJ stated regarding the Courts avoiding usurping power, however, in order to hold a decision maker fully accountable it seems there are times were it is necessary to not just focus on the legality of the decision. This subject will be further discussed later within this