In addition to the inevitable and constant flow of legislation, case law, and
secondary literature since the publication of the 4th edition of this book
in 2004, there have been other developments of major significance in
English administrative law. The Freedom of Information Act 2000 became
fully operative in 2005. The actual and potential impact on English
administrative law of the European Convention on Human Rights and
the Human Rights Act 1998 has become clearer. The tribunal system has
been radically overhauled; and while the full effects of the restructuring
will take many years to unfold, it is safe to assume that they will lead not
only to further institutional change (in September 2010 the government
announced plans for a ‘unification’ of the court and tribunal judiciary
under the leadership of the Lord Chief Justice) but also to new understandings
of the respective functions of, and the relationship between,
judicial review of and appeals from administrative decisions.
As well as taking account of such changes, in this edition I have
fundamentally re-conceptualized, and reorganized the presentation of,
the book’s subject matter. In the first four editions the centre of gravity
was legal accountability in general and judicial review in particular. In
this edition, by contrast, I have set out to give an account of administrative
law as a framework for public administration. Understood in this
way, administrative law is concerned, first, with the institutions of public
administration and their relationship with other governmental institutions
(such as legislatures and courts); secondly, with legal rules that
regulate the day-to-day conduct of public administration; and (only)
thirdly, with the institutions and mechanisms involved in holding public
administrators accountable for (non-) compliance with administrative
law norms. The most obvious results of this change of emphasis can be
seen in the order in which the various topics are dealt with and the way
material is distributed between the various chapters. There are also
many less obvious changes of emphasis and phrasing in discussions of
topics carried over from the 4th edition as well as new sections to replace
treatment of issues that no longer seemed so relevant.