Contents;
Preface ;
Acknowledgments ;
Table of statutes;
Table of cases
Chapter 1 State, government and law
1. Law and politics
2. State, Crown and government
3. Public and private law
4. Towards the corporate State
5. Rolling back the frontiers
6. A European dimension
7. What should public lawyers do?
Chapter 2 Red light theories
1. Public law and scientific method
2. Hair-splitting distinctions and terminological contortions?
3. The Diceyan inheritance
4. Titanic battles: courts versus executive and Parliament
Chapter 3 Green light theories
1. Foreign connections
2. A new deal?
3. Green light theory and control
4. Allocation of functions again
5. The Sky train affair
Chapter 4 Forever amber?
1. Signposts
2. The battle against discretion
3. Rational decision-making
4. Openness and citizen participation
5. Discretionary justice
6. Rights as trumps?
7. Forever amber?
Chapter 5 A blue rinse
1. Themes and values
2. Functional values: economy, efficiency and effectiveness
3. The regulatory State
4. The Citizen's Charter
5. Reinventing administrative law?
Chapter 6 Getting things taped
1. A surfeit of rules
2. Formal rule-making
3. Outline legislation: the case for delegating primary power
4. Secondary legislation
Chapter 7 Below the waterline
1. Some reasons for rules
2. Are rules binding?
3. Rules, individuation and legitimate expectations
4. Parole: discretion, repression and due process
Chapter 8 A revolution in the making
1. Uses and norms
2. Pseudo-contract
3. The ordinary law and vires
4. The Crown: executive freedom of action?
5. Procurement and outsourcing: central government
6. Competitive tendering: contract and judicial review
7. Collateral purpose: contract compliance
8. Contract making: Europeanisation
Conclusion
Chapter 9 Government, contract and competition: two paradigms
1. CCT: essential attributes
2. The character of instruction
3. CCT: policy and performance
4. Franchising and administrative law
5. Continuity and change: commercial television
6. 'Everything must go': the railways
7. Going on: franchise management
Conclusion
Chapter 10 Regulation, agencies and self-regulation
l. Characterisation, classification, explanation
2. Regulatory agencies and legitimacy
3. Regulation 'UK-style'
4. Accountability and process
5. The challenge of self-regulation
Conclusion
Chapter 11 Regulation, competition, juridification: a case study of OFTEL
L Mandate and anatomy
2.' Market structure and regulatory style
3. Aspects of the regulation
Conclusion
Chapter 12 Complaining: is anybody there?
L Alternative dispute resolution
2. Questions of procedure: inquiries
3. Ombudsmen: the 'complaints man'
4. Into the jungle: disputes, grievances and complaints
5. Jewels in the crown: a new look at complaints
6. Independence and externality: the Revenue Adjudicator and CLA
7. Snakes and ladders
Conclusion: the complaints industry
Chapter 13 Fire-fighter to fire-watcher? A case study of the PCA
1. In search of a role
2. The investigation
3. The 'big inquiry': Barlow Clowes
4. The PCA's complaints service
5. A new role: the PCA and Open Government
6. An Inspector-General?
Chapter 14 Tribunals: the rise and fall of judicialisation
L 'They just growed like Topsy'
2. Franks revisited
3. Policy or politics?
4. Tribunals watchdog: the Council on Tribunals
5. Justice for the claimant: a case study of welfare adjudication
Chapter 15 A flexible friend: procedural fairness
L Rationale
2. From concepts to contexts
3. Non-adjudicative procedures
4. A duty to give reasons?
Conclusion
Chapter 16 The judicial review process
1. Leave: discretion and managerialism
2. Litigants and litigation
3. Opening the gates: the public interest model
4. Channelling: a public/private divide
5. Remedies: reach and discretion
6. Judicial review and administration. A tangled web
Conclusion
Chapter 17 Justifying judicial review
1. Settling parameters
2. Formalism and the 'drainpipe' 578
3. Principles of judicial review: a 'seedless grape'?
4. Structuring judicial discretion
5. Expertise and accountability
6. Adjudication and polycentricity
7. Reinventing judicial review
Chapter 18 Golden handshakes: compensation and reparation
1. Grace and favour: administrative compensation
2. Betwixt and between: a case study of criminal injuries compensation
3. Statute and just compensation: the case of property
4. Courts, legality and liability
5. Restitution and polycentricity
6. The Court of Justice and state liability
7. Epilogue
Index