Error of law and flawed administrative acts
The Cambridge Law Journal
Cambridge University Press
MetadataShow full item record
Feldman, D. (2014). Error of law and flawed administrative acts. The Cambridge Law Journal, 73 275-314. https://doi.org/10.1017/S0008197314000403
Part I shows that the idea, founded on the “principle of legality”, that all legal flaws make a decision void as a matter of law is erroneous. Infringing a legal requirement may not affect validity, or may make a decision only voidable. Part II shows the significance of distinctions between various stages of decision-making processes, and between different types of issues for judges, and argues that case law shows that seven guiding principles operate alongside the “principle of legality”. Part III concludes that these common-law principles reflect professional practice and provide a realistic basis for predictable, normatively legitimate administrative law.
External DOI: https://doi.org/10.1017/S0008197314000403
This record's URL: https://www.repository.cam.ac.uk/handle/1810/246157