Does Administrative Law Inhibit Good Government?

This article examines the Advanced Research and Invention Agency (ARIA) Act 2022 as a legislative manifestation of a growing critique that contemporary administrative law inhibits effective government rather than enabling it. Originating from Dominic Cummings's view that UK government bureaucracy is overly constrained by legal processes such as judicial review, the ARIA Act establishes a research funding body designed to operate with significant autonomy and minimal legal oversight, explicitly excluding certain administrative law requirements. The authors argue that this critique of administrative law, often dismissed as illiberal, should be taken seriously as an empirical claim requiring research into its actual impact on public administration and its legitimacy both within government and in society. They call for an empirical research agenda focusing on administrative law's effects on policy innovation, the legal consciousness of public officials, and public perceptions of administrative fairness to better understand and respond to these challenges.