Comparative administrative law / edited by Susan Rose-Ackerman, Henry R. Luce Professor of Jurisprudence (Law and Political Science), Yale University, USA, Peter L. Lindseth, Olimpiad S. Ioffe Professor of International and Comparative Law, University of Connecticut, USA, blaek Emerson, Research Fellow, Administrative Conference of the United States, USA.

Format:

Book

Contributor:

Rose-Ackerman, Susan, editor.

Lindseth, Peter L. (Peter Lincoln), 1962- editor.

Emerson, Blake, editor.

Series:

Research handbooks in comparative law.

Research handbooks in comparative law

Language:

English

Subjects (All):

Administrative law.

Physical Description:

1 online resource (752 pages) : illustrations.

Edition:

Second edition.

Place of Publication:

Cheltenham, UK : Edward Elgar Publishing, [2017]

Summary:

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.

Contents:

Front Matter

Copyright

Contents

List of Contributors

Acknowledgements

Introduction

PART I: CONSTITUTIONAL STRUCTURE ANDADMINISTRATIVE LAW: TRADITIONS AND TRANSFORMATIONS

1 Révolution, Rechtsstaat and the Rule of Law: historical reflections on the emergence and development of administrative law

2 Good-bye, Montesquieu

3 Politics and agencies in the administrative state: the U.S. case

4 Written constitutions and the administrative state: on the constitutional character of administrative law

5 Comparative positive political theory and empirics

6 The 'Neue Verwaltungsrechtswissenschaft' against the backdrop of traditional administrative law scholarship in Germany

7 Transformations of administrative law: Italy from a comparative perspective

8 Hungary's post-socialist administrative law regimes

PART II: ADMINISTRATIVE INDEPENDENCE

9 The promise of comparative administrative law: a constitutional perspective on independent agencies

10 The puzzle of independence and parliamentary democracy in the common law world: a Canadian perspective

11 Assessing the theory of presidential dominance: empirical evidence of the relationship between the executive branch and regulatory agencies in Brazil

12 Experimenting with independent commissions in a new democracy with a civil law tradition: the case of Taiwan

13 Flag-bearers of a new era? The evolution of new regulatory institutions in India (1991-2016)

14 A comparison of US and European independent commissions

PART III: TRANSPARENCY, PROCEDURE, AND POLICY-MAKING

15 Citizens and technocrats: an essay on trust, public participation, and government legitimacy

16 The rise of reason giving in American administrative law

17 The 2015 French code of administrative procedure: an assessment

18 Three generations of administrative procedures.

19 Administrative agencies as creators of administrative law norms: evidence from the UK, France and Sweden

20 Comparing regulatory oversight bodies: the US Office of Information and Regulatory Affairs and the EU Regulatory Scrutiny Board

21 Looking for a smarter government (and administrative law) in the age of uncertainty

22 Participation and expertise: judicial attitudes in comparative perspective

PART IV: ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW

23 Judicial review of questions of law: a comparative perspective

24 Proportionality review in administrative law

25 Voidness and voidability of unilateral administrative acts in the Western tradition

26 The powers and duties of the French administrative law judge

27 Judicial review of agency action in the U.S. and Israel: the choice between open and closed review

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?

29 Judicial deference to agency's discretion in new democracies: observations on constitutional decisions in Poland, Taiwan, and South Africa

30 Legal management of urban space in Japan and the role of the judiciary

31 The courts and public space: France, the UK and the US in historical perspective

PART V: ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATE

PART A: PUBLIC AND PRIVATE

32 Three questions of privatization

33 Contracting out and 'public values': a the oreticaland comparative approach

34 Organizational structure and culture in an era of privatization: the case of United States military and security contractors

35 Transnational non-state regulation and domestic administrative law

PART 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

37 EU Agencies 2.0: the new constitution of supranational administration beyond the EU Commission

38 Administrative discretion in the EU: comparative perspectives

39 Administrative law reform in the European Union: the ReNEUAL Project and its basis in comparative legal studies

40 The constitutional basis of EU administrative law

41 What's in a label? The EU as 'administrative' and 'constitutional'

Index.

Notes:

Includes bibliographical references and index.

Description based on online resource; title from PDF title page (ebrary, viewed August 29, 2017).

Description based on publisher supplied metadata and other sources.

ISBN:

1-78471-867-X

OCLC:

1001978790