NCJ Number
53473
Journal
ROUND TABLE Issue: 267 Dated: (JULY 1977) Pages: 230-234
Date Published
1977
Length
5 pages
Annotation
THE GROWING ENCROACHMENT OF ADMINISTRATIVE LAW UPON THE AFFAIRS OF THE PRIVATE CITIZEN IS SEEN AS A NEW BRANCH OF LAW. IT IS ARGUED THAT IF THE LEGISLATORS WILL NOT CLARIFY THIS LAW, JUDGES, THROUGH THEIR DECISIONS, MUST.
Abstract
THE JUDICIARY OF ENGLAND HAS BEEN ACCUSED OF TRYING TO MAKE LAW. THIS ARTICLE STATES THAT THE JUDICIARY HAS ONLY TRIED TO SETTLE THE DISPUTES COMING BEFORE IT. THE EXTENSION OF GOVERNMENTAL ACTIVITY HAS CREATED NEW CONFLICTS WHICH MUST BE RESOLVED BY SOMEONE. TRADITIONALLY, WHEN THE BRITISH CITIZEN HAS A GRIEVANCE, HE TURNS TO THE COURTS, AND WHEN THE GRIEVANCE IS AGAINST THE GOVERNMENT, THE COURTS ARE ASKED TO SETTLE THE ISSUE. BECAUSE PARLIAMENT HAS NOT SET LIMITS ON THE POWERS OF ADMINISTRATORS, THE JUDGES, THROUGH NECESSITY, ARE FORCED TO SET LIMITS AND ESTABLISH GUIDELINES WHEN THEY RESOLVE DISPUTES BEFORE THEM. THE DELICATE BALANCE OF POWER BETWEEN THE COURTS AND PARLIAMENT IS DISCUSSED, AND IT IS SUGGESTED THAT LIMITING THE POWER OF THE COURTS IS NOT THE ANSWER TO JUDICIAL LAWMAKING; INSTEAD, PARLIAMENT NEEDS TO ENACT A COMPREHENSIVE CODE OF ADMINISTRATIVE LAW. IF PARLIAMENT FAILS TO PROVIDE JUDGES WITH THE NECESSARY GUIDELINES, THE JUDGES WILL, CONSISTENT WITH THE PRACTICE OF ENGLISH COMMON LAW, PROVIDE GUIDELINES FOR THEMSELVES. (GLR)