The control of Discretion: Planning and the Common-Law tradition

Abstract

The very marked differences that exist between the planning systems of continental Europe and Britain are generally understood to be the result of contrasting legal systems. This article explores the origins of the common-law tradition of England and the way it came to influence public local administration. It seeks to demonstrate the impact that common law has had on the way in which town planning is conceptualized and some of the strengths and weaknesses that result.