Administrative Law

Constitutional and Administrative Law by John Alder (auth.)

By John Alder (auth.)

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Local authorities are governed by statute so that the extent to which a council can take party or electoral factors into account depends on the particular statutory context (below, ch. 14). Edmund Burke (1729-1797) represents what is still the orthodox view. In a famous speech to his Bristol electors in 1774 he argued that an MP is elected as an independent agent, taking the view, derived from Plato, that government is a professional skill and not the business of the masses (see below, p. 48). This attitude has significantly influenced the development of the UK constitution.

6 Reconciling Liberalism and Communitarianism? Some writers have tried to reconcile liberalism and communitarianism although, if the doctrine of incommensurables is correct, this is is a doomed enterprise. For example, Jeremy Bentham (1748-1832), the founder of utilitarianism, thought that the Lockian idea of natural rights and Rousseau's concept of the general will were both nonsense. According to Bentham there are merely individuals seeking happiness in different ways. Bentham believed that the notion of the interests of the community was a fiction masking the competing interests of individuals.

22 General Principles Laws. The ConstitutiOn. Morals and Rights' [1996] Public Law. 622. Loughlin. Public Law and Political Theory. chapters 3. 4. Loveland. Constitutional Law. A Criticallntroductton. chapter 1. Waldron. Law and Disagreement. Introduction. chapter 5. Wolf. An Introduction to Political Philosophy. chapters 1. 2. 3. 4. Exercises 2 3 4 5 6 7 8 What are the differences between the 'social contracts' of Locke. Hobbes and Rousseau and what s1gn1ficance do these soc1al contract theories have for the modern constitution?

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