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Foundations of English Administrative Law
"Supposing that an Englishman felt himself hurt by the illegal action of a government official, what could he do? Could he challenge the official action in court with a view to stopping it or obtaining redress for his wrong? Could this be done promptly and easily? In the years 1600-1750, two new legal remedies - new modes of proceeding in the courts - were developed which gave the aggrieved subject quicker and easier relief from illegal action by officials", Miss Henderson writes. These two new remedies, the writs of mandamus and certiorari, are the basis for modern Anglo-American administrative law. Miss Henderson traces the development of mandamus and certiorari in England in the seventeenth and early eighteenth centuries. She gives us first a picture of the structure of local government, both in country and town, pointing out the areas where injustice might occur because of the citizen's inability to hold the local officials accountable. She describes in detail the development of the doctrine of limited judicial review, which was partly implicit in the older remedy of prohibition and common-law suits, and was made explicit in the new remedies of mandamus and certiorari.
Judicial Control of Administrative Action in India through the Writ of Certiorari
This state of affairs may be attributed inter-alia to thedecline of the laissez-faire philosophy of Government which had its heyday in the nineteenth and early twentieth century with its notion that the proper role of governmental administration is the maintenance of a State which seeks to guarantee the individual a maximum of freedom from coercive influence and a protection against the more obvious types of anti-social conduct. In its place is a new awareness of the responsibility of the State towards the economic and social welfare of the nation, and in order to discharge this responsibility, it became necessary to bring these myriad activities under the regulatory power of the Government.
Reports of Cases Argued and Decided in the Supreme Court of the United States
Complete with headnotes, summaries of decisions, statements of cases, points and authorities of counsel, annotations, tables, and parallel references.
