Planning and the rule of law

被引:13
作者
Booth, Philip [1 ]
机构
[1] Univ Sheffield, Town & Reg Planning, Sheffield S10 2TN, S Yorkshire, England
关键词
Rule of law; equity; common law; Napoleonic law;
D O I
10.1080/14649357.2016.1183810
中图分类号
TU98 [区域规划、城乡规划];
学科分类号
0814 ; 082803 ; 0833 ;
摘要
The impact of law in shaping the way in which spatial planning is conducted is often overlooked and attitudes to law are often purely instrumental. This paper looks at how the concept of the rule of law has evolved in England, and what effect it has had on public administration and on spatial planning processes in particular. It looks particularly at the role of equity within the common-law tradition and the way in which equitable judgment has coloured administrative decision-making. It concludes that by comparison with legal processes decision-making in spatial planning is often insufficiently rigorous.
引用
收藏
页码:344 / 360
页数:17
相关论文
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