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Codification of Administrative Law: A Comparative Study on the Legal Basis of Administrative Law

Codification of Administrative Law: A Comparative Study on the Legal Basis of Administrative Law

Author: Felix Uhlmann
Publisher: Hart Publishing
ISBN: 9781509954926

Published In: July 2023
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781509954964

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This open access book presents the first comparative study on the legal sources of administrative law. Every modern legal order needs a set of general rules to apply and enforce administrative law; the rules impose principles of action, of procedure, and of organisation of the authorities. The legal basis of these rules may be quite diverse. Some countries have tried to codify administrative law, whilst others work with few rules or unwritten rules.

The book considers the consequences that arise from the different degrees of codification of general administrative law. It presents answers to important questions including:

Does codification increase predictability and legal certainty?
Does codification lead to a 'petrification' of administrative law?
To what degree does the constitution shape administrative law?
Which areas of administrative law are suitable for codification, which are not, and why not?

The book answers these questions by presenting 13 country reports, covering both civil and common law traditions, a chapter on the EU, and a comparative analysis.

1. Introduction

Felix Uhlmann (University of Zurich, Switzerland)

Part I - Country Reports

2. Codification of Administrative Law in the Netherlands

Tom Barkhuysen (Leiden University, the Netherlands)

3. Codification of Administrative Law in France

Delphine Costa (Aix-Marseille University, France)

4. Codification of Administrative Law in Belgium

Stéphanie de Somer (University of Antwerp, Belgium)

5. Codification of Administrative Law in Italy

Roberto Caranta (University of Turin, Italy)

6. Codification of Administrative Law in Norway

Jon Christian Fløysvik Nordrum (University of Oslo, Norway)

7. Codification of Administrative Law in Sweden

Jane Reichel and Michaela Ribbing (both at Stockholm University, Sweden)

8. Codification of Administrative Law in the United Kingdom

Sarah Nason (Bangor University, UK)

9. Codification of Administrative Law in the USA

Edward L Rubin (Vanderbilt Law School, USA)

10. Codification of Administrative Law in Australia

Janina Boughey (University of New South Wales, Australia)

11. Codification of Administrative Law in Canada

Pierre Issalys (Université Laval, Canada)

12. Codification of Administrative Law in Austria

Konrad Lachmayer (Sigmund Freud University, Austria)

13. Codification of Administrative Law in Switzerland

Felix Uhlmann (University of Zurich, Switzerland)

14. Codification of Administrative Law in Germany

Markus Heintzen (Freie Universität Berlin, Germany)

15. Codification of Administrative Law in the European Union

Author TBC

Part II - Comparative Analysis

Felix Uhlmann (University of Zurich, Switzerland)

16. Introduction

17. What is "General" in General Administrative Law?

a) General Administrative Law and Specific Legislation

b) Typical Areas of General Administrative Law

18. Forms of Codification

a) Codes

b) Legislation by Parliament (Primary Legislation)

c) Secondary Legislation

19. Other Sources of Administrative Law

a) Constitutional Principles

b) Human Rights

c) Common Law and Tradition

d) Analogy (from Private Law and from Specific Legislation)

e) Administrative Practice

f) Legal Doctrine

20. Effects of Codification

a) Predictability and Legal Certainty (or the Illusion of Completeness)

b) Less Flexibility – Petrification

c) Legitimacy

d) Contradiction and Conflicts

e) Uniformity

f) Banality

21. Institutional Aspects

a) Legislator and Courts

b) Legislator and Administrative Tribunals

c) Legislator and Administrative Agencies

22. Summary and Recommendations

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