Donnelly, Catherine --- "Participation and expertise: judicial attitudes in comparative perspective" [2017] ELECD 1103; in Rose-Ackerman, Susan; Lindseth, L. Peter; Emerson, Blake (eds), "Comparative Administrative Law" (Edward Elgar Publishing, 2017) 370

Book Title: Comparative Administrative Law

Editor(s): Rose-Ackerman, Susan; Lindseth, L. Peter; Emerson, Blake

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784718657

Section: Chapter 22

Section Title: Participation and expertise: judicial attitudes in comparative perspective

Author(s): Donnelly, Catherine

Number of pages: 17

Abstract/Description:

Judicial review of administrative action requires courts to confront the tension between the values of public participation and expertise in administrative decision-making. This chapter examines these tensions from a comparative perspective, using the United States (US), the European Union (EU), and the United Kingdom (UK) as case studies. Administrative decision-making is of course justified in many different ways, and these jurisdictions provide interesting comparative material because the background context in each arguably frames the interaction between participation and expertise in very different ways, a process that in turn influences how courts have managed the tension between the two. Attitudes to participation and expertise have also had an impact on the way in which the courts approach process review of administrative decision-making and substantive review of administrative decisions. This comparative examination also offers interesting comparative insights into a spectrum of intensity of judicial scrutiny of administrative decision-making