INTRODUCTION Contributed by: Charles Brasted and Julia Marlow, Hogan Lovells International LLP
Global Overview – Administrative and Public Law in 2025 Introduction Administrative and public law reflects the politi - cal, societal and constitutional settlement under - pinning the legitimacy of each nation State, embodying the distinctive system of govern - ance of that State and its people. As such, it is fundamental to the relationship between State and citizens. It provides the framework for the exercise of governmental and legislative power, and the mechanisms for the exercise of those powers to be challenged by those affected and supervised by the courts. While administrative and public law is principally domestic, business, governments and their legal advisers need to consider international legal and policy trends. That is both because many of the most pressing policy issues are inherently global in nature, and therefore raise policy questions about national divergence and international coherence, as well as because domestic admin - istrative and public law is increasingly called upon to vindicate international legal standards and obligations. The growing importance of administrative and public law A number of global trends are driving the increasing importance – and prominence – of administrative and public law, for both the pri - vate and public sector. Those include the tension between the growing pressure on governments to demonstrate systemic change on fundamen - tal issues such as geopolitical and trade relation - ships, freedom of movement, and the role and scale of the State coupled with rapid develop - ments in technology. This tension creates both novel and convergent areas of risk and oppor - tunity, and a consequent need for regulation to balance competing interests.
In a complex and uncertain policy environment, the rule of law is a critical factor in business - es’ strategies: transparency and foreseeability are significant factors in investment decisions, and businesses are increasingly focused on the opportunities to shape that policy environment. Administrative and public law is central to busi - nesses’ ability to foresee, shape and challenge government decision-making. At the same time, businesses that perform sig - nificant public functions in their own right are increasingly being challenged in reliance on administrative and public law. The distinction between government regulation and private enterprise is becoming progressively blurred, with non-governmental entities, such as busi - nesses that manage critical financial market infrastructure and online platforms, taking on the responsibility of establishing and enforcing rules governing market access and user behav - iour on the markets for which they are respon - sible. Attempts to challenge the actions of such bodies using administrative and public law are resulting, in certain jurisdictions, in a broadening of the application of these principles to private businesses, extending their reach beyond tradi - tional boundaries. These factors also continue to shape administra - tive and public law. • The impact and value of public decisions has driven growth in commercial legal chal - lenges, including novel attempts to broaden the scope of challengeable decisions and the recoverability of significant financial recom - pense. • Those cases have also caused the courts to have to consider the application of funda - mental legal principles to highly commercial
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