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The Enforcement of Administrative Procedures in Great Britain and the United States

The Enforcement of Administrative Procedures in Great Britain and the United States ALLAN D. JERGESEN* Th e Enforcement of Administrative Procedures in Great Britain and the United States Every administrative body spawns a variety of procedures in the course of its work. Some originate in long-standing practices, which come in time to be relied on by agency personnel and the public. Others take the form of written instructions to departmental subordinates concerning the management of various matters within their competency. Many are intended for members of the public who have business to transact with the government and who need to know the proper manner in which to proceed. A small portion are codified and published as formal regulations of one kind or another. Together, they constitute the machinery by which the agency ad­ ministers its sector of government. In both Great Britain and the United States, citizens have come to expect that departments and agencies will, at a minimum, act in conformity with the procedures that they have established for them­ selves. Departure from a rule or practice is often seen as both a frustration of legitimate expectations and a sign of arbitrary action. In each country, citizens who feel aggrieved at this type of adminis­ trative inconsistency are likely to http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png American Journal of Comparative Law Oxford University Press

The Enforcement of Administrative Procedures in Great Britain and the United States

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Publisher
Oxford University Press
Copyright
© 1982 by The American Association for the Comparative Study of Law, Inc.
ISSN
0002-919X
eISSN
2326-9197
DOI
10.2307/839630
Publisher site
See Article on Publisher Site

Abstract

ALLAN D. JERGESEN* Th e Enforcement of Administrative Procedures in Great Britain and the United States Every administrative body spawns a variety of procedures in the course of its work. Some originate in long-standing practices, which come in time to be relied on by agency personnel and the public. Others take the form of written instructions to departmental subordinates concerning the management of various matters within their competency. Many are intended for members of the public who have business to transact with the government and who need to know the proper manner in which to proceed. A small portion are codified and published as formal regulations of one kind or another. Together, they constitute the machinery by which the agency ad­ ministers its sector of government. In both Great Britain and the United States, citizens have come to expect that departments and agencies will, at a minimum, act in conformity with the procedures that they have established for them­ selves. Departure from a rule or practice is often seen as both a frustration of legitimate expectations and a sign of arbitrary action. In each country, citizens who feel aggrieved at this type of adminis­ trative inconsistency are likely to

Journal

American Journal of Comparative Law – Oxford University Press

Published: Apr 1, 1982

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