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Comparative Administrative Law

Second Edition Edited by Susan Rose-Ackerman, Henry R. Luce Professor of Jurisprudence (Law and Political Science), Yale University, Peter L. Lindseth, Director of International Programs and Olimpiad S. Ioffe Professor of International and Comparative Law, University of Connecticut School of Law and Blake Emerson, Research Fellow, Administrative Conference of the United States, US
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.
Extent: 752 pp
Hardback Price: $350.00 Web: $315.00
Publication Date: 2017
ISBN: 978 1 78471 865 7
Availability: In Stock
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  • Law - Academic
  • Comparative Law
  • Constitutional and Administrative Law
  • Politics and Public Policy
  • Regulation and Governance
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.
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:

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