ABSTRACT
This chapter emphasis on structural questions reflects an interest in three problems that turn out to be substantive after all. The first is the problem of promoting the participation of those affected by administrative and judicial decisions. The second is the strain put on conventional doctrines by efforts to protect the wide range of statutory benefits provided by modern government. The third factor relates to recent attacks on the notion that adjudication generates outcomes that are in some sense objective and distinct from the power struggle of politics. The conceptual framework arises out of Schuck's analysis of the different reasons for governmental illegality, the various remedial tools available to the courts for remedying such illegality, and the purposes judicial remedies might serve. Schuck provides a useful catalogue of relevant factors: the reasons for official illegality, the various remedial tools, and the purposes of the public tort law.
