The State of the Art in Contemporary Administrative Law

Earlier this year the editors of the Australian Journal of Administrative Law asked me to comment on an essay by Professor Emeritus Mark Aronson. My short piece is entitled “The State of the Art in Contemporary Administrative Law“:

This is a comment on Mark Aronson, “Judicial Review of Administrative Action: Between Grand Theory and Muddling Through” (2021) 28 AJAL 6.

Three themes run through Professor Aronson’s excellent essay: the tension between generality and specificity in administrative law (and a related, but distinct, tension between rules and standards); the role of apex courts in articulating general principles of administrative law and applying those principles in specific contexts; and the relationship between courts and academic commentators.

I discuss these in turn before turning to what I consider to be an unarticulated theory underpinning Professor Aronson’s essay, suggesting (somewhat mischievously) that he is a legal antipositivist.

In what follows, I first discuss generality and specificity (Part I), second, apex courts and administrative law (Part II) and, third, academics and administrative law (Part III) before concluding as promised/threatened with some more philosophical reflections (Part IV).

Download it here.

This content has been updated on July 10, 2021 at 20:58.