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Dalhousie Law Journal

Article Title

The University Visitor

Keywords

administrative law, judicial review, right to be heard, administrative power, government departments, local authorities, licensing tribunals, trade unions, clubs, universities.

Abstract

Despite having provided, in Doctor Bentley's case, 2 one of the seminal cases concerning the right to be heard, it would be an exaggeration to say that the university as an institution has played a major role in the emergence of a developed system of administrative law. There are a number of reasons for this. Generally, it must be observed that only in comparatively recent times has there been such a system, and that, either as a part of such a development, or as a result of it, the courts have only recently extended the scope of judicial review from such traditional, and obvious, areas of administrative power as government departments, local authorities and licensing tribunals, into the less clearly 'public' field of trade unions, clubs and universities. Secondly, there has been far less need for judicial intervention into the disciplinary affairs of universities in the United Kingdom and the Commonwealth than, for example, in the United States. There, emotive issues such as McCarthyism, and the conflict in southeast Asia, the existence of the declared constitutional rights of due process and equal protection, and the sheer size of the modem American university, with all the strains inherent therein, have combined to produce a torrent of litigation.

Creative Commons License

Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.

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