Controlling Administrative Power: An Historical Comparison
Peter Cane - Cambridge University Press, 2016
This
wide-ranging comparative account of the legal regimes for controlling
administrative power in England, the USA and Australia argues that
differences and similarities between control regimes may be partly
explained by the constitutional structures of the systems of government
in which they are embedded. It applies social-scientific and historical
methods to the comparative study of law and legal systems in a novel and
innovative way, and combines accounts of long-term and large-scale
patterns of power distribution with detailed analysis of features of
administrative law and the administrative justice systems of three
jurisdictions. It also proposes a new method of analysing systems of
government based on two different models of the distribution of public
power (diffusion and concentration), a model which proves more
illuminating than traditional separation-of-powers analysis.
