Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
Decisions, for instance, like that on the _Fu Toy_ case[7] in the
United States, and in _Arlidge_ v. _Local Government Board_[8] in
England, are clearly a real menace to the liberty of the subject. They
suggest a type of executive justice for which the methods of the Star
Chamber are the nearest analogy. No body of civil servants, however
liberal-minded they may be, ought to be free both to make the law and
to devise the procedure by which its legality may be tested; and that,
be it remembered, without a power of appeal from their decision. It
may be taken for granted that the modern state needs an administrative
law; in matters, for instance, like rate-fixing in public utilities,
in workmen’s compensation cases, in matters concerning public health,
the views of a body of experts in a public department are generally
at least as valid as that of the judicial body. But one wants to be
certain that in arriving at his decision the expert has been compelled
to take account of all the relevant evidence; that the parties to his
decision have had their day in court. This seems to me to involve the
organization of a procedure for all administrative tribunals which
takes account of the lessons we have learned both from the procedure
of ordinary courts and from the history of the law of evidence; and it
involves an appeal from administrative tribunals to the ordinary courts
on all questions where denial of proper procedure is held to involve a
denial of proper consideration. Something of this, if I understand the
matter aright, has been granted to the American citizen by the Supreme
Court in _McCall_ &c. v. _New York_;[9] and I should feel happier about
the future of administrative law if I were certain that the principles
of that decision applied to all governmental activities of the kind.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account