Out of Print
Courts and Administrators provides a provocative and challenging analysis of administrative and public law. Its principal concern is with the jurisprudential nature and proper constitutional function of the common law courts.
The author rejects the conventional idea of the 'rule oflaw' - there is no entity, the law, to rule. There are only constitutional processes, of which the courts, by virtue of their unique concern for the rights of the individual, are the most fundamental.
At present the courts do both too much in administrative law and too little: too much, because they act on behalf of a spurious idea oflaw; and too little because they have an inadequate conception of the rights of the individual. The nature of these rights, including welfare rights, is analysed, and arguments are put forward for their absolute priority over all power.
