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The Oxford Handbook of Comparative Administrative Law

The Oxford Handbook of Comparative Administrative Law

Author: Peter Cane, et al
Publisher: Oxford University Press
ISBN: 9780198799986
Published In: December 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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The comparative study of administrative law has a long history dating back more than 200 years. It has enjoyed a renaissance in the past 15 years or so and now sits alongside fields such as comparative constitutional law and global administrative law as a well-established area of scholarly research. This book is the first to provide a broad and systematic view of the subject both in terms of the topics covered and the legal traditions surveyed.

In its various parts it surveys the historical beginnings of comparative administrative law scholarship, discusses important methodological issues, examines the relationship between administrative law and regime type, analyses basic concepts such as 'administrative power' and 'accountability', and deals with the creation, functions, and control of administrative power, and values of administration. The final part looks to the future of this young sub-discipline. In this volume, distinguished experts and leaders in the field discuss a wide range of issues in administrative law from a comparative perspective.

Administrative law is concerned with the conferral, nature, exercise, and legal control of administrative (or 'executive') governmental power. It has close links with other areas of 'public law', notably constitutional law and international law. It is of great interest and importance not only to lawyers but also to students of politics, government, and public policy. Studying public law comparatively helps to identify both similarities and differences between the way government power and its control is managed in different countries and legal traditions.

Editors' Preface, Peter Cane, Herwig C H Hofmann, Eric C Ip, and Peter L Lindseth

PART I: Beginnings

1:An Anglo-American Tradition, Peter Cane

2:France: The Vicissitudes of a Tradition, Jean-Louis Mestre

3:The Germanic Tradition of Comparative Administrative Law, Karl-Peter Sommermann

4:A Chinese Tradition, Albert HY Chen

5:A Middle Eastern Tradition, Chibli Mallat

PART II: Methodology

6:Choosing Units of Comparison, Marco D'Alberti

7:Comparison within Multi-Level Polities and Governance Regimes, Jacques Ziller

8:Negotiating Language Barriers, Edoardo Chiti

9:Comparative Administrative Law and Public Administration, Anthony Michael Bertelli and Fiona Cece

10:Comparative Administrative Law: The View from Political Science, Stefanie A Lindquist and David M Searle

11:Comparative Administrative Law and Economics, Nuno Garoupa and Sofia Amaral-Garcia

12:The Time Dimension in Comparative Research, Bernardo Sordi

13:Diffusion, Reception and Transplantation, Mariana Mota Prado

PART III: Governmental Regimes

14:Parliamentary Regimes, Eric C Ip

15:Presidential Regimes, Gabriel Bocksang Hola

16:Semi-Presidentialism: The Rise of an 'Accidental' Model, Sophie Boyron

17:Authoritarian Regimes, Po Jen YAP

18:The De-nationalization of Administrative Law Under the Influence of International and Supranational Organizations, Giacinto della Cananea

PART IV: Basic Concepts

19:Administrative Power

20:Separation of Powers in Comparative Perspective: How Much Protection for the Rule of Law?, Peter Strauss

21:Rule of Law, Giulio Napolitano

22:Accountability, Athanasios Psygkas

23:Public/Private, Jean-Bernard Auby

24:Democracy and Authoritarianism, Victor V. Ramraj

PART V: Constituting and Allocating Administrative Power

Section 1: Institutions

25:National Executives and Bureaucracies, Matthias Ruffert

26:The EU Administrative Institutions, Their Law and Legal Scholarship, Joana Mendes

Section 2: Functions

27:Rulemaking Regimes in the Modern State, Kevin M Stack

28:A Comparative Approach to Administrative Adjudication, Michael Asimow

29:Implementation: Facilitating and Overseeing Public Services at Street Level, Colin Scott

30:Through 'Thick' and 'Thin': Comparison in Administrative Law and Regulatory Studies Scholarship, Elizabeth Fisher

31:Administrative Law Values and National Security Functions: Military Detention in the United States and the United Kingdom, Laura A Dickinson

32:Automated Decision-Making and Administrative Law, Michèle Finck

33:Information Management, Indra Spiecker Genannt Doehmann

PART VI: Controlling Administrative Power

34:Legislatures, Executives and Political Control of Government, Gillian E Metzger

35:Courts and Judicial Review, Li-ann Thio

36:Tribunals and Adjudication, Kieran Bradley

37:Ombudsmen and Complaint-Handling, Ian Harden

38:Public Audit Accountability, Alex Brenninkmeijer, Laura Frederika Lalikova, and Dylan Siry

39:Criminal and Civil Liability, Duncan Fairgrieve

PART VII: Legal Norms and Values of Administration

40:Administrative Procedure, Javier Barnes

41:Judicial Review of Administrative Reasoning Processes, Hanna Wilberg

42:Legality: Six Views of the Cathedral, Paul Craig

43:Facticity: Judicial Review of Factual Error in Comparative Perspective, Paul Daly

44:Reasonableness and Proportionality, Jud Mathews

45:Openness and Transparency, Jane Reichel

46:Material Liberty and the Administrative State: Market and Social Rights in American and German Law, Francesca Bignami

PART VIII: Developing the Field

47:The Common Real-Life Reference Point Methodology; or: “The Mc Donald's Index” for Comparative Administrative Law and Regulation, Yoav Dotan

48:Imagining Theoretical Frameworks, Herwig CH Hofmann

49:Evolutionary Public Law: Constituting and Administering Human Ultra-Sociality, Peter L Lindseth

50:Expanding Horizons: Psychological, Cultural, and Technological Perspectives, Cheng-Yi HUANG

51:Administrative Law and Democracy, Susan Rose-Ackerman

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