ERROR OF LAW AND FLAWED ADMINISTRATIVE ACTS
Type
Article
Change log
Authors
Feldman, David
Abstract
jats:titleAbstract</jats:title>jats:pSection 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. Section 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”. Section III concludes that these common-law principles reflect professional practice and provide a realistic basis for predictable, normatively legitimate administrative law.</jats:p>
Description
Keywords
48 Law and Legal Studies, 4807 Public Law, 16 Peace, Justice and Strong Institutions
Journal Title
The Cambridge Law Journal
Conference Name
Journal ISSN
0008-1973
1469-2139
1469-2139
Volume Title
73
Publisher
Cambridge University Press (CUP)