The Appeal of Internal Review: Law, Administrative Justice and the (non-) Emergence of Disputes
- ISBN-10
- 1841133833
- ISBN-13
- 9781841133836
- Category
- Law
- Pages
- 220
- Language
- English
- Published
- 2003
- Publisher
- Hart Publishing
- Authors
- David Cowan, Simon Halliday
Description
Why do most welfare applicants fail to challenge adverse decisions despite a continuing sense of need? The book addresses this severely under-researched and under-theorized question. Using English homelessness law as their case study, the authors explore why homeless applicants did - but more often did not - challenge adverse decisions by seeking internal administrative review. They draw out from their data a list of the barriers to the take up of grievance rights. Further, by combining extensive interview data from aggrieved homeless applicants with ethnographic data about bureaucratic decision-making, they are able to situate these barriers within the dynamics of the citizen-bureaucracy relationship. Additionally, they point to other contexts which inform applicants' decisions about whether to request an internal review. Drawing on a diverse literature - risk, trust, audit, legal consciousness, and complaints - the authors lay the foundations for our understanding of the (non-)emergence of administrative disputes.
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