Why doctrinal administrative lawyers need to think more about policy

Journal article

It is common for policy documents to give rise to legal questions in judicial review. Despite this fact, and despite the fact the scholars have drawn attention to the doctrinal significance of policy, it remains a topic largely overlooked by administrative law scholars. This article examines the reasons for this state of affairs and shows how a greater engagement with policy would result in a deeper understanding of administrative law as the law of public administration. This is particularly important in light of the current challenges that the subject is facing.

Authors: Fisher, E

• Publication status: Published
• Peer review status: Peer reviewed
• Publisher: Thomson Reuters
• Journal: Australian Journal of Administrative Law
• Volume: 29
• Issue: 4
• Pages: 254-266
• Publication date: 2023-01-20
• Acceptance date: 2022-12-15
• EISSN: 1320-7105
• Language: English
• Keywords: policy; FFR; administrative law; quasi-legislation; judicial review; soft law