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.
2
(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-sportcommittee/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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Advanced Comparative Administrative Law Report
Introduction:
This report is commissioned to provide guidelines for a new legal framework, or the reform of the existing procedure/law/legal rules in the field of administrative law with a strong public interest dimension. The objective is to provide enhanced oversight and/or more efficient administration or complaint handling while avoiding the shortcomings identified and promoting good governance.
Body:
Structure of the Body/Laws/Rules:
In order to achieve the objectives, it is essential to have a clear and well-defined structure of the body/laws/rules that will be responsible for the implementation of the new legal framework or the reform of the existing one. This structure should include the roles and responsibilities of the different entities involved, as well as the procedures and mechanisms for decision-making and accountability.
Appointment, Funding, and Administration of Regulators/Commissioners:
The appointment, funding, and administration of regulators and commissioners are crucial to ensure the independence and impartiality of the regulatory body. The process of appointment should be transparent and based on merit, while the funding should be sufficient to allow the body to carry out its functions efficiently. The administration should also be transparent and accountable, with clear and well-defined procedures for decision-making.
Powers granted to the Body/Department/Individual:
The powers granted to the body/department/individual in question should be sufficient to enable it to carry out its functions effectively and efficiently. These powers should be clearly defined and limited to what is necessary to achieve the objectives. Additionally, there should be appropriate oversight and accountability mechanisms in place to ensure that these powers are not abused.
Relation to Existing Governmental/Organizational Structure and other Bodies:
The recommendations should take into account the existing governmental/organizational structure and any other relevant bodies. This includes the relationship between the proposed body and existing government departments, as well as the relationship between the proposed body and other regulatory bodies. Additionally, the recommendations should also consider the relationship between the proposed body and Parliament and the courts.
Legal/Political Accountability to Parliament, Courts, Regulatory Bodies:
It is important to ensure that there are appropriate legal/political accountability mechanisms in place to ensure that the proposed body, department, or individual is accountable to Parliament, the courts, and other relevant regulatory bodies. This includes clear and transparent procedures for decision-making and reporting, as well as the ability for the courts to review decisions made by the body.
Implementation of Recommendations:
The effective implementation of the recommendations is crucial to achieving the objectives of the new legal framework or the reform of the existing one. This includes the development of clear and detailed implementation plans, as well as the provision of appropriate resources and support to ensure that the recommendations are implemented effectively and efficiently.
Conclusion:
This report has provided guidelines for a new legal framework or the reform of the existing procedure/law/legal rules in the field of administrative law with a strong public interest dimension. The recommendations focus on providing enhanced oversight and/or more efficient administration or complaint handling while avoiding the shortcomings identified and promoting good governance. The report has addressed various key points such as the structure of the body/laws/rules, appointment, funding and administration of regulators/commissioners, powers granted to the body/department/individual, relation to existing governmental/organizational structure and other bodies, legal/political accountability to Parliament, courts, regulatory bodies and implementation of recommendations.
