Advanced Comparative Administrative Law is a field of study that focuses on the comparison of administrative law systems across different countries and legal systems. It examines the similarities and differences in the organization, powers, and procedures of administrative bodies, as well as the legal principles and remedies that govern their actions. This field of study is important in understanding how different legal systems regulate the actions of public authorities and how they protect citizens’ rights. It is also useful in identifying best practices and potential areas for reform in different jurisdictions, which can inform the development of new laws and policies.
Advanced Comparative Administrative Law
ASSIGNMENT I: REPORT WRITING 2022-23
Submission date in January 2023 to be confirmed
This exercise is designed to develop expertise in a particular area of administrative law
covered in Term 1 and it must be approached and set out as a report (not as a traditional
essay). The task involves evaluating the efficacy of current administrative procedure/practice
and/or law in a particular field in the light of experience. It requires the formulation of
recommendations which could be applied to address the shortcomings which have been
identified. Background historical and/or descriptive narrative should be avoided.
Assume you have been commissioned to write a report as a legal adviser. This could be for
the drafting committee of legal provisions, the introduction of new procedures, revision of
powers or of regulations. Remember the advice is presented from an administrative law
perspective rather than offering policy/political advice.
The objective: to provide guidelines for a new legal framework, or the reform of the existing
procedure/law/legal rules in order to provide enhanced oversight and/or more efficient
administration or complaint handling in a field of administrative law where there is a strong
public interest dimension. The advice is to be applied specifically to avoid the shortcomings
identified and also to provide enhanced accountability and to promote good governance.
Typically, the advice will need to deal with at least some of the following points:
(1) Awareness of the structure of the body/laws/rules needed to achieve these objectives;
(2) In the case of regulators/commissioners, how such a body/official is appointed, funded
and administered;
(3) What powers are granted to the body/department/individual in question;
(4) How any recommendations relates to: (a) the existing governmental/organisational
structure; (b) any other such bodies, Parliament and the courts.
(5) How legal/political accountability to Parliament, courts, regulatory bodies is obtained.
(6) How to achieve the effective implementation of any recommendations.
The report must concern administrative law and the subject matter must be directly
related to topics covered in Term 1
ombudsman scheme for public sector housing;
ombudsman scheme for human rights/disabilities protection;
police complaints handling body;
regulatory/supervisory body for tribunals;
regulatory body for public inquiries;
reform of freedom of information/data protection law (regulation/enforcement of freedom of
information/data protection/ appeals procedures/ role and powers of the commissioner);
revision of legal mechanism for judicial appointments;
complaint handling/regulatory body relating to press, media, internet;
compliant handling procedures for NHS;
revised statutory regulation for the railways or other regulated privatised utility.
(Any other administrative law topic requires approval from PL.)
The report must not take the form of an essay, nor should the report directly engage with
political debate. For example the abolition or reform of the Human Rights Act would not be a
suitable topic for a report. Recommendations should be research based and should not offer
a general institutional critique. For example, a discussion of the parliamentary ombudsman
which recommends abolition of the ‘MP Filter’ would not be acceptable. Your report should be
based on research and stretch beyond a familiar textbook critique.
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(1) Setting terms of reference and establishing a structure:
Draft a statement or skeleton structure in outline of what your report expects to achieve which
can be submitted for formative assessment. Given the word limit it will only be possible for
your report to deal with certain areas. Select the aspects you are going to deal with by
identifying existing shortcomings. Reports will typically deal with 2-6 points.
Recommendations can be made as you deal with each point or come at the end, depending
on how you decide to structure the assignment.
(2) Research element:
Locate reports, texts and related articles referring to the debate relevant to the topic selected
Where to find reports:
A range of examples relating to the topics covered in class available from Moodle but credit
will be gained for further research from appropriate sources.
See document on moodle (Research: Finding Reports).
https://committees.parliament.uk/
https://committees.parliament.uk/committee/378/digital-culture-media-and-sport committee/publications/
If relevant, you can refer to reports from different fields to support your analysis.
Footnotes should be used to refer to any reports and other sources used in writing your
report.
(3) Critical discussion from an administrative law perspective
In order to approach the task of making recommendations a critical review of specific aspects
of existing law/procedure/structure needs to be provided as part of your assignment.
(4) Comparative element: Comparative references to other nations in support of
recommendations made in your final report. Credit will be gained for including a comparative
dimension.
(5) Recommendations:
The report is not expected to be original or comprehensive, but it should draw on the
research undertaken and focus on specific aspects identified in the initial terms of reference.
The points made need to be backed up by appropriate references.
The main emphasis will be on a combination of: the rule of law, good governance,
accountability, citizen remedies and (where relevant) the protection of human rights.
The recommendations made must be related to the analysis undertaken and must be
supported by reference to relevant official publications, academic sources, reasoned
argument and, if possible, by comparative reference to experience from other nations. Many
samples of official reports can be found on the ACAL website relating to topics covered in
class but it is important to undertake research specifically related to your report.
The report will comprise 50% of the overall marks. Word limit of 2500 does NOT include
footnotes and bibliography.
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Writing Guide:
The objective of this report is to provide guidelines for a new legal framework, or the reform of the existing procedure/law/legal rules in order to provide enhanced oversight and/or more efficient administration or complaint handling in a field of administrative law where there is a strong public interest dimension. The report will focus on the specific topic of [insert topic], and will address the following points:
Awareness of the structure of the body/laws/rules needed to achieve the objectives outlined in the report
In the case of regulators/commissioners, how such a body/official is appointed, funded and administered
What powers are granted to the body/department/individual in question
How any recommendations relate to the existing governmental/organizational structure, any other relevant bodies, Parliament, and the courts
How legal/political accountability to Parliament, courts, and regulatory bodies is obtained
How to achieve the effective implementation of any recommendations
The report will be based on research and will not engage in political debate. Recommendations will be research-based and will not offer a general institutional critique. The report will be submitted for formative assessment with a statement or skeleton structure outlining the expected outcome of the report and the specific areas that will be addressed.
