Law and public administration : convergence and symbiosis
By: HARLOW, Carol
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ArticlePublisher: Thousand Oaks, CA : Sage publications, June 2005International Review of Administrative Sciences 71, 2, p. 279-294Abstract: In the light of historical tensions, this article considers some classical administrative law responses to changing techniques of public administration. Rejecting the customary reproach that law is unresponsive to the needs of public administrators, the article nonetheless identifies a widespread conviction that control and accountability are the primary objectives of administrative law. The response of administrators overwhelmed by procedural requirements is to fall back on soft law techniques. The article notes the growing use of soft law and recourse to soft techniques of governance in the European Union, together with a possible convergence of legal and administrative values, as standards of good governance and principles of good administration acceptable to both sides are promulgated and enforced by courts. As good governance standards are disseminated by international and transnational institutions, the article predicts a similar pattern of tension and evasion, as procedurally oriented administrative law systems enforced by transnational adjudicative organs develop to occupy the global administrative space.
In the light of historical tensions, this article considers some classical administrative law responses to changing techniques of public administration. Rejecting the customary reproach that law is unresponsive to the needs of public administrators, the article nonetheless identifies a widespread conviction that control and accountability are the primary objectives of administrative law. The response of administrators overwhelmed by procedural requirements is to fall back on soft law techniques. The article notes the growing use of soft law and recourse to soft techniques of governance in the European Union, together with a possible convergence of legal and administrative values, as standards of good governance and principles of good administration acceptable to both sides are promulgated and enforced by courts. As good governance standards are disseminated by international and transnational institutions, the article predicts a similar pattern of tension and evasion, as procedurally oriented administrative law systems enforced by transnational adjudicative organs develop to occupy the global administrative space.
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