: 
Global Law Working Papers
2006 Series
GLWP 09/06
Author
Michal Tamir
Global Research Fellow (2005-2006)
Title
"Public Law as a Whole and Normative Duality: Reclaiming Administrative Insights in Enforcement Review"
Abstract
The article examines the American emphasis on constitutional standards at the expense of the principles and insights of administrative law. The main focus is on the exclusivity of constitutional law in enforcement review. The author suggests that understanding how constitutional and administrative law can work together might be useful in the American legal context. Bringing England, Germany and Israel as examples for nations whose legal systems successfully employ administrative insights, she argues that discretionary actions of administrative authorities—including criminal law enforcement agencies—should be governed by principles of normative duality: constitutional norms as well as administrative rules. These arguments are demonstrated by analyzing the doctrines of selective enforcement and racial profiling and showing how the exclusive use of constitutional review, without recourse to administrative insights, leads to troubling results.
Contact the Author
michalt@mishpat.ac.il
