ABSTRACT

This chapter describes Lon L. Fuller's exposition and considers its continuing influence on academic public lawyers in England. It argues that the polycentric disputes described by Fuller as unsuited to adjudication are more prevalent, at least in the administrative setting, than is recognised in Fuller's work or by those whom it has influenced. Fuller focuses on the problem posed for adjudication by disputes which are significantly polycentric. He characterises adjudication principally by reference to the mode of participation of the parties—the adversarial presentation of proofs and reasoned arguments. Polycentricity is problematic for Fuller's adjudication because participation by the presentation of proofs and reasoned arguments is affected by the complex repercussions of judicial intervention. Fuller's general approach is to use the concept of polycentricity to delimit adjudication. Fuller's analysis of polycentric disputes has been influential in England and North America. During the last 20 years, it has influenced academics resisting judicialisation in areas of English administrative law.