Framing and Reframing the AgōnContesting Narratives and Counternarratives on Māori Property Rights and Political Constitutionalism, 1840–1861

Hickford, Mark

doi:10.1093/acprof:oso/9780199794850.003.0007

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Historical Approaches to Administrative Justice

Hickford

2021

The Oxford Handbook of Administrative Justice

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Examining historical approaches to ‘administrative justice’ is undoubtedly ambitious but enables researchers to become conscious of how a term of relatively recent currency, such as ‘administrative justice’, is problematic historically as a construct. Through emphasizing temporality and contingency, historical methods can illuminate dynamism and disruption across time in ‘administrative justice’ processes, techniques, and behaviours. In addition, as this chapter aims to show, a variety of methods can reveal how ‘administrative justice’, however conceived, can be situated contestably in broader contexts and life-cycles of human behaviour engaging diverse forums and processes (agencies, inquiries, litigation), norms, and cultures. Purely illustrative jurisdictions are selected but these chosen jurisdictions exemplify the nature of the historical task such that comparable challenges, themes, and advisory guidance would apply elsewhere.

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