Underlying simplicities

Nature demonstrates that apparent complexity can be generated by uncomplicated rules. Fractal forms based on simple iterations are to be found in plants, animals, clouds, snowflakes, population patterns and galaxies. The Mandelbrot set, one of the most complex mathematical forms known, is based on a simple mathematical relationship. Like organic and inorganic forms in nature, the apparent complexities of different areas of the law, whether they be statutory or judge-made, are frequently generated by a few underlying principles.

These are propositions not always acknowledged within the legal profession of the common law world. In Australia, as in England and other like jurisdictions, there is a well-developed enthusiasm for specialisation. Specialist lawyers and their professional symbiotes in numerous fields assert the market's need for their existence and for specialist judges and courts or divisions of courts. But whatever evolutionary forces drive this speciation, it is difficult to think of any ecological niche in which such practitioners can find shelter from the pervasive influence of public law and that branch of it known as administrative law. There seem to be few, if any, aspects of economic activity in contemporary society that are not supervised by some kind of statutory regulator with powers to grant, withhold, suspend or cancel licences to engage in such activity and to approve or withhold approval for particular transactions.