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Comparative Administrative Law 2nd Edition

Comparative Administrative Law 2nd Edition

Author: Susan Rose-Ackerman; Peter L. Lindseth; Blake Emerson
Publisher: Edward Elgar Publishing
ISBN: 9781784718657

Previous Edition ISBN: 9781848446359
Published In: August 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only
Paperback Edition ISBN: 9781784718664

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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. The 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 volume 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.

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 [reprint]

Bruce Ackerman

3. Politics and Agencies in the Administrative State: the U.S. Case

Peter Strauss

4. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law [reprint]

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 [reprint]

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 Commission 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 [reprint]

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 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 [reprint]

Daphne Barek-Erez

33. Contracting Out and ‘Public Values’: A Theoretical and Comparative Approach [reprint]