The Role of Doctrinal Writing in Creating Administrative Law: France and England Compared

Abstract

The paper is about the place of doctrinal legal writing in the formation of administrative law. The paper examines the conditions which appear to be necessary in order to bring into existence a distinct new branch of law: a body of distinctive rules, a distinctive court or procedure by which the body of law is adjudicated, programmes of teaching in which the subject is handed down to students and professionals in a coherent manner, and a body of writers who interact with each other and produce works which systematise the law. While the focus is on English and French administrative law, the implications are not limited to those jurisdictions