Review of Executive Action
Abstract
This article is about accountability for public decision-making. It has three main sections. The first develops two themes: that mainstream administrative law scholarship is mainly concerned with the legitimacy of the administrative process; and that the preoccupations of scholars are partly a function of the constitutional, legal, and political landscape in which administrative law operates. The second section explores the ways in which administrative law scholarship has been affected by trends in legal scholarship more generally. The third section discusses government tort liability in the wider context of the distinction between public law and private law.