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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.
List of contents
- Editors' Preface
- PART I: Beginnings
- 1: Peter Cane: An Anglo-American Tradition
- 2: Jean-Louis Mestre: France: The Vicissitudes of a Tradition
- 3: Karl-Peter Sommermann: The Germanic Tradition of Comparative Administrative Law
- 4: Albert HY Chen: A Chinese Tradition
- 5: Chibli Mallat: A Middle Eastern Tradition
- PART II: Methodology
- 6: Marco D'Alberti: Choosing Units of Comparison
- 7: Jacques Ziller: Comparison within Multi-Level Polities and Governance Regimes
- 8: Edoardo Chiti: Negotiating Language Barriers
- 9: Anthony Michael Bertelli and Fiona Cece: Comparative Administrative Law and Public Administration
- 10: Stefanie A Lindquist and David M Searle: Comparative Administrative Law: The View from Political Science
- 11: Nuno Garoupa and Sofia Amaral-Garcia: Comparative Administrative Law and Economics
- 12: Bernardo Sordi: The Time Dimension in Comparative Research
- 13: Mariana Mota Prado: Diffusion, Reception and Transplantation
- PART III: Governmental Regimes
- 14: Eric C Ip: Parliamentary Regimes
- 15: Gabriel Bocksang Hola: Presidential Regimes
- 16: Sophie Boyron: Semi-Presidentialism: The Rise of an 'Accidental' Model
- 17: Po Jen YAP: Authoritarian Regimes
- 18: Giacinto della Cananea: The De-nationalization of Administrative Law Under the Influence of International and Supranational Organizations
- PART IV: Basic Concepts
- 19: Administrative Power
- 20: Peter Strauss: Separation of Powers in Comparative Perspective: How Much Protection for the Rule of Law?
- 21: Giulio Napolitano: Rule of Law
- 22: Athanasios Psygkas: Accountability
- 23: Jean-Bernard Auby: Public/Private
- 24: Victor V Ramraj: Democracy and Authoritarianism
- PART V: Constituting and Allocating Administrative Power
- Section 1: Institutions
- 25: Matthias Ruffert: National Executives and Bureaucracies
- 26: Joana Mendes: The EU Administrative Institutions, Their Law and Legal Scholarship
- Section 2: Functions
- 27: Kevin M Stack: Rulemaking Regimes in the Modern State
- 28: Michael Asimow: A Comparative Approach to Administrative Adjudication
- 29: Colin Scott: Implementation: Facilitating and Overseeing Public Services at Street Level
- 30: Elizabeth Fisher: Through 'Thick' and 'Thin': Comparison in Administrative Law and Regulatory Studies Scholarship
- 31: Laura A Dickinson: Administrative Law Values and National Security Functions: Military Detention in the United States and the United Kingdom
- 32: Michÿle Finck: Automated Decision-Making and Administrative Law
- 33: Indra Spiecker Genannt Doehmann: Information Management
- PART VI: Controlling Administrative Power
- 34: Gillian E Metzger: Legislatures, Executives and Political Control of Government
- 35: Li-ann Thio: Courts and Judicial Review
- 36: Kieran Bradley: Tribunals and Adjudication
- 37: Ian Harden: Ombudsmen and Complaint-Handling
- 38: Alex Brenninkmeijer, Laura Frederika Lalikova, and Dylan Siry: Public Audit Accountability
- 39: Duncan Fairgrieve: Criminal and Civil Liability
- PART VII: Legal Norms and Values of Administration
- 40: Javier Barnes: Administrative Procedure
- 41: Hanna Wilberg: Judicial Review of Administrative Reasoning Processes
- 42: Paul Craig: Legality: Six Views of the Cathedral
- 43: Paul Daly: Facticity: Judicial Review of Factual Error in Comparative Perspective
- 44: Jud Mathews: Reasonableness and Proportionality
- 45: Jane Reichel: Openness and Transparency
- 46: Francesca Bignami: Material Liberty and the Administrative State: Market and Social Rights in American and German Law
- PART VIII: Developing the Field
- 47: Yoav Dotan: The Common Real-Life Reference Point Methodology; or: "The Mc Donald's Index" for Comparative Administrative Law and Regulation
- 48: Herwig CH Hofmann: Imagining Theoretical Frameworks
- 49: Peter L Lindseth: Evolutionary Public Law: Constituting and Administering Human Ultra-Sociality
- 50: Cheng-Yi HUANG: Expanding Horizons: Psychological, Cultural, and Technological Perspectives
- 51: Susan Rose-Ackerman: Administrative Law and Democracy
