The Boundaries of Administrative Law
Administrative law is riven with boundaries, both external and internal. There is, most prominently, the divide between constitutional and administrative law and the place of each within the broader realm of public law. There are also the perennially blurred lines between the public and private spheres and how these impact the changing contours of administrative law. More internal to administrative law, there are divides between law and policy/politics, judicial power and technocratic expertise, and various modes of administrative action (rulemaking, adjudication, and enforcement), just to name a few. Finally, there is the classic question of the divide between the ‘civil’ and ‘common’ law traditions in administrative law, and how these traditions have manifested themselves in various jurisdictions around the world. The aim of this panel is to bring these and other possible boundaries in administrative law to the surface and discuss them critically and in comparative perspective.