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The homelessness legislation has prompted a vast amount of litigation; its many discretionary terms are encrusted with a substantial growth of case law. This work examines the extent to which such case law affects the way in which the act is implemented by local authorities. Do government administrators take any notice of administrative law? Do courts control the behavior of local authorities? The author suggests the answer to both questions is "no", a situation which has serious implications for both the legality and legitimacy of the government process.
This book investigates the disconnect between judicial administrative law and the practical implementation of homelessness legislation by local government authorities. Ian Loveland, a scholar of socio-legal studies, examines whether the substantial body of case law surrounding homelessness legislation actually influences the day-to-day operations of local administrators. By analyzing the intersection of legal theory and bureaucratic practice, the author argues that judicial oversight exerts minimal control over local authority behavior, raising significant questions regarding the legitimacy of the administrative process.
What You Will Find
Legal scholars and practitioners frequently cite this work as a critical examination of the limitations of judicial review in public administration. Experts highlight the text as a foundational study for understanding the practical realities of how administrative law functions within local government structures.
Page Count:
392
Publication Date:
1995-05-25
Publisher:
Clarendon Press
ISBN-10:
0198258763
ISBN-13:
9780198258766
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