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Comparative Administrative Law 2nd ed

Comparative Administrative Law 2nd ed

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781784718657
  • Previous Edition ISBN: 9781848446359
  • 出版时间 August 2017
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only
  • Paperback Edition ISBN: 9781784718664
¥3,125.50
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  • 描述 
  • 大纲 
  • 详细

    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]
    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

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