chapter  6
Administrative Law, Local Government and the Courts
Pages 23

Ivor Jennings in A Century ofMunicipal Progress The history of public law thought in this country is marked by a tension between the ideas of administration and law. For some a sharp distinction must be made between administration and law.

Administration is seen as a method of achieving policy objectives by the most effective means and is undertaken within the constraints imposed by law. Law is viewed as a body of norms which may be applied, in accordance with an authoritative technique, in order to determine disputes which arise in the process of administration. By way of contrast, however, others emphasize the similarities rather than the differences between administration and law. Indeed, by emphasizing the purposive nature of both activities and the open texture of law, it is even suggested that there is no fundamental distinction between the administrative process and the judicial process. Clearly the view which is taken of the relationship between administration and law colours the attitude which one takes to not only the relationship between the administration and the courts, but also the nature and significance of administrative law.