2 Indiana Journal of Global Legal Studies 191 (1994)
Sir David Williams originally presented this paper as the
inaugural lecturer for the Ralph F. Fuchs lecture series at the
Indiana University School of Law on April 15, 1993. Professor
Fuchs was a faculty member of the Indiana University School of
Law from 1945 until his death in 1985. He was an important
contributor to the drafting of the Administrative Procedure Act of
1946, president of the Indiana Civil Liberties Union, an active
participant in the National Association for the Advancement of
Colored People, a leader of the American Association of University
Professors, and a fighter for free speech and thought in academic
institutions during the McCarthy era.
Sir David Williams begins his paper with a brief description of
the history of English administrative law, noting that it has
developed more slowly as compared to administrative law in the
United States. He then discusses a case at the root of English
administrative law-Roberts v. Hopwood, a judgment issued in
1925. Williams proceeds to analyze administrative law development
in England, including the doctrines of judicial review, control of
administrative discretion, and the complementary, evolving doctrines
of administrative discretion and judicial deference, as exemplified
by the authoritative dissent in Liversidge v. Anderson. Williams
also stresses the relationship between democratic ideals and judicial
deference to the decisions of local authorities. He concludes by
describing the ever-evolving nature of administrative law in England
today, arguing that just as in the 1920s, the underlying approach of
the courts to questions in administrative law can only be interpreted
by taking into account the multitude of circumstances from which
such questions arise.
Williams, Sir David David Q. C.
"Law and Administrative Discretion,"
Indiana Journal of Global Legal Studies: Vol. 2
, Article 13.
Available at: http://www.repository.law.indiana.edu/ijgls/vol2/iss1/13