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 |
|---|---|
| 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