The judicialisation of homelessness law: A study of Regulation 8(2), Allocation of Housing and Homelessness (Review Procedures) Regulations 1999

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Abstract

A first theme [of procedural review] is judicialisation and we shall find a general tendency to model the administrative process in the courts ’ own adjudicative image. Procedural requirements for the decision - making process may be just as important as the substantive law side of that process. .... But "experience in the salient" (a striking phrase of Sir John McManners in his memoir Fusilier) is a reminder that regard to how things should be done should not be overdone: ... The world of affairs would fall into unwanted chaos, if a literal approach were taken to every procedure, regardless of context or consequence, and if every irregularity robbed a ll subsequent acts or decisions of legal effect. In the housing field the consequences of chaos would probably be as detrimental to homeless persons in need of temporary accommodation as to the local housing authority under a duty to provide it.
Original languageEnglish
Pages (from-to)235-253
Number of pages19
JournalPublic Law
Volume2016
Issue numberApril
Publication statusPublished - Apr 2016

Keywords

  • Housing
  • Administrative law

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