Pure or Mixed? The Evolution of Three Grounds of Judicial Review of the Administration in British and Israeli Administrative Law

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Abstract

The article challenges the distinction between "pure" and "mixed" legal systems, a distinction that remains an element of comparative law orthodoxy. I trace the evolution of three grounds of review of the administration - unreasonableness, proportionality and legitimate expectations/administrative promise - in two legal systems: Israel and the United Kingdom. The birth and further life of these doctrines show that administrative law is a complex amalgam of both common law and European law, even in the so-called "pure" British system, obviously influenced by the system's subjection to EU law and to the ECtHR.
Original languageAmerican English
Pages (from-to)86-114
Number of pages29
JournalThe Journal of Comparative Law
Volume86
Issue number6(1)
StatePublished - 28 Oct 2012

Keywords

  • Unreasonableness
  • administrative law
  • administrative promise
  • comparative law
  • comparative public law
  • judicial review
  • legitimate expectations
  • mixed legal systems
  • proportionality

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