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 language | American English |
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Pages (from-to) | 86-114 |
Number of pages | 29 |
Journal | The Journal of Comparative Law |
Volume | 86 |
Issue number | 6(1) |
State | Published - 28 Oct 2012 |
Keywords
- Unreasonableness
- proportionality
- legitimate expectations
- administrative law
- administrative promise
- mixed legal systems
- comparative law
- comparative public law
- judicial review