IN DEFENCE OF CLASSICAL ADMINISTRATIVE LAW

Abstract

The classical account of administrative law, which holds that unlawful administrative acts are void ab initio and that judicial review remedies such as quashing orders are merely declaratory of such acts’ legal status, appears to be placed in doubt by a range of recent legislative developments, judicial pronouncements and academic commentary. However, the classical account is not only capable of withstanding those apparent challenges: it is constitutionally imperative if collateral challenge is to be maintained and the rule of law thereby upheld.