Journal article icon

Journal article

The standard theory of administrative unlawfulness

Abstract:

According to the standard theory of administrative unlawfulness an act that is public law unlawful is, for that reason, invalid and of no effect in law. In this article I suggest that the theory ought to be rejected. I begin by outlining the standard theory as well as noting its endorsement by the Supreme Court in the case of Ahmed (no. 2). Having in the main part of the paper criticised the theory, I move to lay out an alternative: that unlawfulness signals not the invalidity of an administr...

Expand abstract
Publication status:
Published
Peer review status:
Peer reviewed
Version:
Accepted manuscript

Actions


Access Document


Files:
Publisher copy:
10.1017/S0008197317000332

Authors


More by this author
Institution:
University of Oxford
Division:
Social Sciences Division
Department:
Law Faculty
Oxford college:
St. Catherine's College
Role:
Author
Publisher:
Cambridge University Press Publisher's website
Journal:
Cambridge Law Journal Journal website
Volume:
76
Issue:
2
Pages:
289-310
Publication date:
2017-05-11
Acceptance date:
2017-01-01
DOI:
EISSN:
1469-2139
ISSN:
0008-1973
Pubs id:
pubs:797377
URN:
uri:967654ca-09f5-4373-bacb-fa6c89a861bc
UUID:
uuid:967654ca-09f5-4373-bacb-fa6c89a861bc
Local pid:
pubs:797377
Paper number:
2

Terms of use


Metrics


Views and Downloads






If you are the owner of this record, you can report an update to it here: Report update to this record

TO TOP