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Error of law and flawed administrative acts


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Publication Date: 2014-07-17

Journal Title: The Cambridge Law Journal

Publisher: Cambridge University Press

Volume: 73

Issue: 2

Pages: 275-314

Language: English

Type: Article

Metadata: Show full item record

Citation: Feldman, D. (2014). Error of law and flawed administrative acts. The Cambridge Law Journal, 73 (2), 275-314.

Description: This is the accepted manuscript. The final version is available from CUP at http://journals.cambridge.org/action/displayAbstract?fromPage=online&aid=9303455&fileId=S0008197314000403.

Abstract: Part I shows that the idea, founded on the “principle of legality”, that all legal flaws make a decision void as a matter of law is erroneous. Infringing a legal requirement may not affect validity, or may make a decision only voidable. Part II shows the significance of distinctions between various stages of decision-making processes, and between different types of issues for judges, and argues that case law shows that seven guiding principles operate alongside the “principle of legality”. Part III concludes that these common-law principles reflect professional practice and provide a realistic basis for predictable, normatively legitimate administrative law.

Identifiers:

This record's URL: http://dx.doi.org/10.1017/S0008197314000403http://www.repository.cam.ac.uk/handle/1810/246157





Author: Feldman, David

Source: https://www.repository.cam.ac.uk/handle/1810/246157



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