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Administrative Law

Selected Works

Peter L. Lindseth

Articles 1 - 4 of 4

Full-Text Articles in Law

The Paradox Of Parliamentary Supremacy: Delegation, Democracy And Dictatorship In Germany And France, 1920s-1950s, Peter Lindseth Apr 2015

The Paradox Of Parliamentary Supremacy: Delegation, Democracy And Dictatorship In Germany And France, 1920s-1950s, Peter Lindseth

Peter L. Lindseth

No abstract provided.


Agents Without Principals?: Delegation In An Age Of Diffuse And Fragmented Governance, Peter Lindseth Apr 2015

Agents Without Principals?: Delegation In An Age Of Diffuse And Fragmented Governance, Peter Lindseth

Peter L. Lindseth

In an earlier essay, Professor Lindseth argued that the notion of delegation from the national legislature, as well as the principal-agent relationship that it implies, should be retained in our understanding of the transfer of regulatory power from the nation-state to supranational institutions. In this essay, Professor Lindseth extends this argument to self-regulation and privatization. He recognizes that the nature of regulatory power in an era of diffuse “governance” makes it difficult to sustain the notion of delegation empirically, because the effective holders of regulatory power do not operate under the national legislature’s supervision and control in any realistic sense. …


‘Always Embedded' Administration: The Historical Evolution Of Administrative Justice As An Aspect Of Modern Governance, Peter Lindseth Apr 2015

‘Always Embedded' Administration: The Historical Evolution Of Administrative Justice As An Aspect Of Modern Governance, Peter Lindseth

Peter L. Lindseth

The administrative sphere is where ‘the rubber meets the road’ in the modern state. It is the point of contact between state and society where efforts to implement specific legislative goals generate the ‘friction’ of social and political resistance. Various kinds of resistance to state action have long been the object of scholarly analysis, but some forms have received less attention than others. This chapter focuses on one of the less studied forms: what the French call 'le contentieux administratif,' or litigation initiated by private parties challenging the legality of administrative action. Through the mechanism of administrative litigation, private interests …


Reconciling With The Past: John Willis And The Question Of Judicial Review In Interwar And Postwar England, Peter L. Lindseth Apr 2015

Reconciling With The Past: John Willis And The Question Of Judicial Review In Interwar And Postwar England, Peter L. Lindseth

Peter L. Lindseth

This contribution was prepared for a conference at the University of Toronto Faculty of Law in honor of John Willis, the late Anglo-Canadian administrative law theorist who died in 1997. It will appear in a forthcoming issue of the University of Toronto Law Journal. Throughout his career, John Willis puzzled over the way in which both popular and elite opinion in England (not to mention throughout the Commonwealth and in the United States) persistently, and in his view uncritically, equated the "Rule of Law" in important respects with judicial review in the administrative state. Willis believed this attachment to judicial …