Hardback
Comparative Administrative Law
Second Edition
2nd edition
9781784718657 Edward Elgar Publishing
A comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This research handbook’s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts – spearheaded by the first edition – to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.
More Information
Critical Acclaim
Contributors
Contents
More Information
A comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This research handbook’s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts – spearheaded by the first edition – to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.
A particular focus is on administrative independence with its manifold implications for separation of powers, democratic self-government, and the boundary between law, politics, and policy. Several chapters highlight the tensions between impartial expertise and public accountability; others consider administrative litigation and the role of the courts in reviewing both individual decisions and secondary norms. The book concludes by asking how administrative law is shaping and is being shaped by the changing boundaries of the state, especially shifting boundaries between the public and the private, and the national and the supranational domains.
This extensive and interdisciplinary appraisal of the field will be a vital resource for scholars and students of administrative and comparative law worldwide, and for public officials and representatives of interest groups engaged with government policy implementation and regulation.
A particular focus is on administrative independence with its manifold implications for separation of powers, democratic self-government, and the boundary between law, politics, and policy. Several chapters highlight the tensions between impartial expertise and public accountability; others consider administrative litigation and the role of the courts in reviewing both individual decisions and secondary norms. The book concludes by asking how administrative law is shaping and is being shaped by the changing boundaries of the state, especially shifting boundaries between the public and the private, and the national and the supranational domains.
This extensive and interdisciplinary appraisal of the field will be a vital resource for scholars and students of administrative and comparative law worldwide, and for public officials and representatives of interest groups engaged with government policy implementation and regulation.
Critical Acclaim
‘Overall, this edited collection is an incredibly important stepping stone to framing administrative comparative law as a distinct field of research. It is a very welcomed addition to the bookshelves of any comparative administrative lawyer, as well as for many domestic lawyers who will find stimulating challenges directed toward what they take for granted about their own administrative law system. The high quality of the range of issues discussed in this volume will no doubt provide first-class “food for thought” for the comparative administrative law community and trigger cutting edge research projects in comparative administrative law for years to come.’
– Yseult Marique, Review of European Administrative Law
– Yseult Marique, Review of European Administrative Law
Contributors
Contributors: B. Ackerman, A. Alemanno, M. Asimow, J.-B. Auby, D. Barek-Erez, J. Barnes, P. Cane, P. Craig, D. Custos, M. D’Alberti, L.A. Dickinson, C. Donnelly, Y. Dotan, B. Emerson, T. Ginsburg, D. Halberstam, H.C.H. Hofmann, G.B. Hola, C.-Y. Huang, N. Kadomatsu, K. Kovács, P. Lindseth, M.E. Magill, J. Mashaw, J. Massot, J. Mathews, J. Mendes, G. Napolitano, D.R. Ortiz, T. Perroud, M.M. Prado, A. Psygkas, V.V. Ramraj, D.R. Reiss, S. Rose-Ackerman, M. Ruffert, J. Saurer, K.L. Scheppele, J.-P. Schneider, M. Shapiro, B. Sordi, L. Sossin, P. Strauss, A.K. Thiruvengadam, A. Voßkuhle, J.B. Wiener, T. Wischmeyer, J.-r. Yeh
Contents
Contents:
Introduction
Susan Rose-Ackerman, Peter Lindseth, and Blake Emerson
PART I CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW: TRADITIONS AND TRANSFORMATIONS
1. Révolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence and Development of Administrative Law
Bernardo Sordi
2. Good-bye, Montesquieu
Bruce Ackerman
3. Politics and Agencies in the Administrative State: the US Case
Peter L. Strauss
4. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law
Tom Ginsburg
5. Comparative Positive Political Theory and Empirics
M. Elizabeth Magill and Daniel R. Ortiz
6. The ‘Neue Verwaltungsrechtswissenschaft’ against the Backdrop of Traditional Administrative Law Scholarship in Germany
Andreas Voßkuhle and Thomas Wischmeyer
7. Transformations of Administrative Law: Italy from a Comparative Perspective
Marco D’Alberti
8. Hungary’s Post-Socialist Administrative Law Regimes
Krisztina Kovács and Kim Lane Scheppele
PART II Administrative Independence
9. The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent Agencies
Daniel Halberstam
10. The Puzzle of Independence and Parliamentary Democracy in the Common Law World: A Canadian Perspective
Lorne Sossin
11. Assessing the Theory of Presidential Dominance: Empirical Evidence of the Relationship between the Executive Branch and Regulatory Agencies in Brazil
Mariana Mota Prado
12. Experimenting with Independent Commissions in a New Democracy with a Civil Law Tradition: The Case of Taiwan
Jiunn-rong Yeh
13. Flag-Bearers of a New Era? The Evolution of New Regulatory Institutions in India (1991-2016)
Arun Kumar Thiruvengadam
14. A Comparison of US and European Independent Commissions
Martin Shapiro
PART III TRANSPARENCY, PROCEDURE, AND POLICY-MAKING
15. Citizens and Technocrats: An Essay on Trust, Public Participation, and Government Legitimacy
Susan Rose-Ackerman
16. The Rise of Reason Giving in American Administrative Law
Jerry Mashaw
17. The 2015 French Code of Administrative Procedure: An Assessment
Dominique Custos
18. Three Generations of Administrative Procedures
Javier Barnes
19. Administrative Agencies as Creators of Administrative Law Norms: Evidence from the UK, France and Sweden
Dorit Rubinstein Reiss
20. Comparing Regulatory Oversight Bodies: The US Office of Information and Regulatory Affairs and the EU Regulatory Scrutiny Board
Jonathan B. Wiener and Alberto Alemanno
21. Looking for Smarter Government (and Administrative Law) in the Age of Uncertainty
Giulio Napolitano
22. Participation and Expertise: Judicial Attitudes in Comparative Perspective
Catherine Donnelly
PART IV ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW
23. Judicial Review of Questions of Law: A Comparative Perspective
Paul Craig
24. Proportionality Review in Administrative Law
Jud Mathews
25. Voidness and Voidability of Unilateral Administrative Acts in the Western Tradition
Gabriel Bocksang Hola
26. The Powers and Duties of the French Administrative Law Judge
Jean Massot
27. Judicial Review of Agency Action in the US and Israel: The Choice Between Open and Closed Review
Michael Asimow and Yoav Dotan
28. The ‘Double Helix’ of Process and Substance Review before the UK Competition Appeal Tribunal: A Model Case or a Cautionary Tale for Specialist Courts?
Athanasios Psygkas
29. Judicial Deference to Agency’s Discretion in New Democracies: Observations on Constitutional Decisions in Poland, Taiwan, and South Africa
Cheng-Yi Huang
30. Legal Management of Urban Space in Japan and the Role of the Judiciary
Narufumi Kadomatsu
31. The Courts and Public Space: France, the UK and the US in Historical Perspective
Thomas Perroud
PART V ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATE
A. PUBLIC AND PRIVATE
32. Three Questions of Privatization
Daphne Barek-Erez
33. Contracting Out and ‘Public Values’: A Theoretical and Comparative Approach
Jean-Bernard Auby
34. Organizational Structure and Culture in an Era of Privatization: The Case of United States Military and Security Contractors
Laura A. Dickinson
35. Transnational Non-State Regulation and Domestic Administrative Law
Victor V. Ramraj
B. ADMINISTRATIVE LAW BEYOND THE STATE: THE CASE OF THE EU
36. A Framework for Historical Comparison of Control of National, Supranational and Transnational Public Power
Peter Cane
37. EU Agencies 2.0: The New Constitution of Supranational Administration beyond the EU Commission
Johannes Saurer
38. Administrative Discretion in the EU: Comparative Perspectives
Joana Mendes
39. Administrative Law Reform in the European Union: the ReNEUAL Project and its Basis in Comparative Legal Studies
Herwig C.H. Hofmann and Jens-Peter Schneider
40. The Constitutional Basis of EU Administrative Law
Matthias Ruffert
41. What’s in a Label? The EU as “Administrative” and “Constitutional”
Peter L. Lindseth
Index
Introduction
Susan Rose-Ackerman, Peter Lindseth, and Blake Emerson
PART I CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW: TRADITIONS AND TRANSFORMATIONS
1. Révolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence and Development of Administrative Law
Bernardo Sordi
2. Good-bye, Montesquieu
Bruce Ackerman
3. Politics and Agencies in the Administrative State: the US Case
Peter L. Strauss
4. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law
Tom Ginsburg
5. Comparative Positive Political Theory and Empirics
M. Elizabeth Magill and Daniel R. Ortiz
6. The ‘Neue Verwaltungsrechtswissenschaft’ against the Backdrop of Traditional Administrative Law Scholarship in Germany
Andreas Voßkuhle and Thomas Wischmeyer
7. Transformations of Administrative Law: Italy from a Comparative Perspective
Marco D’Alberti
8. Hungary’s Post-Socialist Administrative Law Regimes
Krisztina Kovács and Kim Lane Scheppele
PART II Administrative Independence
9. The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent Agencies
Daniel Halberstam
10. The Puzzle of Independence and Parliamentary Democracy in the Common Law World: A Canadian Perspective
Lorne Sossin
11. Assessing the Theory of Presidential Dominance: Empirical Evidence of the Relationship between the Executive Branch and Regulatory Agencies in Brazil
Mariana Mota Prado
12. Experimenting with Independent Commissions in a New Democracy with a Civil Law Tradition: The Case of Taiwan
Jiunn-rong Yeh
13. Flag-Bearers of a New Era? The Evolution of New Regulatory Institutions in India (1991-2016)
Arun Kumar Thiruvengadam
14. A Comparison of US and European Independent Commissions
Martin Shapiro
PART III TRANSPARENCY, PROCEDURE, AND POLICY-MAKING
15. Citizens and Technocrats: An Essay on Trust, Public Participation, and Government Legitimacy
Susan Rose-Ackerman
16. The Rise of Reason Giving in American Administrative Law
Jerry Mashaw
17. The 2015 French Code of Administrative Procedure: An Assessment
Dominique Custos
18. Three Generations of Administrative Procedures
Javier Barnes
19. Administrative Agencies as Creators of Administrative Law Norms: Evidence from the UK, France and Sweden
Dorit Rubinstein Reiss
20. Comparing Regulatory Oversight Bodies: The US Office of Information and Regulatory Affairs and the EU Regulatory Scrutiny Board
Jonathan B. Wiener and Alberto Alemanno
21. Looking for Smarter Government (and Administrative Law) in the Age of Uncertainty
Giulio Napolitano
22. Participation and Expertise: Judicial Attitudes in Comparative Perspective
Catherine Donnelly
PART IV ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW
23. Judicial Review of Questions of Law: A Comparative Perspective
Paul Craig
24. Proportionality Review in Administrative Law
Jud Mathews
25. Voidness and Voidability of Unilateral Administrative Acts in the Western Tradition
Gabriel Bocksang Hola
26. The Powers and Duties of the French Administrative Law Judge
Jean Massot
27. Judicial Review of Agency Action in the US and Israel: The Choice Between Open and Closed Review
Michael Asimow and Yoav Dotan
28. The ‘Double Helix’ of Process and Substance Review before the UK Competition Appeal Tribunal: A Model Case or a Cautionary Tale for Specialist Courts?
Athanasios Psygkas
29. Judicial Deference to Agency’s Discretion in New Democracies: Observations on Constitutional Decisions in Poland, Taiwan, and South Africa
Cheng-Yi Huang
30. Legal Management of Urban Space in Japan and the Role of the Judiciary
Narufumi Kadomatsu
31. The Courts and Public Space: France, the UK and the US in Historical Perspective
Thomas Perroud
PART V ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATE
A. PUBLIC AND PRIVATE
32. Three Questions of Privatization
Daphne Barek-Erez
33. Contracting Out and ‘Public Values’: A Theoretical and Comparative Approach
Jean-Bernard Auby
34. Organizational Structure and Culture in an Era of Privatization: The Case of United States Military and Security Contractors
Laura A. Dickinson
35. Transnational Non-State Regulation and Domestic Administrative Law
Victor V. Ramraj
B. ADMINISTRATIVE LAW BEYOND THE STATE: THE CASE OF THE EU
36. A Framework for Historical Comparison of Control of National, Supranational and Transnational Public Power
Peter Cane
37. EU Agencies 2.0: The New Constitution of Supranational Administration beyond the EU Commission
Johannes Saurer
38. Administrative Discretion in the EU: Comparative Perspectives
Joana Mendes
39. Administrative Law Reform in the European Union: the ReNEUAL Project and its Basis in Comparative Legal Studies
Herwig C.H. Hofmann and Jens-Peter Schneider
40. The Constitutional Basis of EU Administrative Law
Matthias Ruffert
41. What’s in a Label? The EU as “Administrative” and “Constitutional”
Peter L. Lindseth
Index
