Administrative Law (0102) (LAW202H1S)

This course is an introduction to the regulatory state, and the role of courts within a regulatory state. Under the first heading, we will consider the rise of modern regulatory states in Europe and North America; the aims of regulation; and modes of regulation, from case-by-case litigation to cost-benefit analysis to nudging. Under the second heading, we will consider the degree to which courts owe deference to administrative decision-making, for instance, on grounds of expertise or democratic legitimacy. We shall also consider norms of procedural fairness, including the duty to consult the public; impartiality; and the acceptable extent of official discretion. An overarching objective of the course is to draw connections between the preoccupations of administrative law with longstanding political and philosophical concerns about the reach of the modern regulatory state.