Comparative Administrative Law

Description: A comprehensive overview of the field of comparative administrative law, the specially commissioned papers in this landmark volume represent a broad, multi-method approach combining history and social science perspectives with more strictly legal analyses. Comparisons of the United States, continental Europe, and the British Commonwealth are complemented by contributions that focus on Latin America, Africa, and Asia. The work aims to stimulate comparative research on public law, reaching across countries and scholarly disciplines. Beginning with historical reflections on the emergence of administrative law over the last two centuries, the volume then turns to the relationship of administrative and constitutional law, with an additional section focusing on the key issue of administrative independence. Two further sections highlight the possible tensions between impartial expertise and public accountability, drawing insights from economics and political science as well as law. The final section considers the changing boundaries of the administrative state - both the public-private distinction and the links between domestic and transnational regulatory bodies such as the European Union. In covering this broad range of topics, the book illuminates a core concern of administrative law: the way individuals and organizations across different systems test and challenge the legitimacy of the modern state. This extensive, interdisciplinary appraisal of the field will prove a vital resource for scholars and students of administrative and comparative law. Historians of the state looking for a broad overview of a key area of public law, reformers in emerging economies, donor agencies looking for governance options, and policy analysts with an interest in the law/policy interface will also find this work a valuable addition to their library.



Contents: Contents: Introduction Susan Rose-Ackerman and Peter L. Lindseth PART I: HISTORICAL PERSPECTIVES 1. Revolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence of Administrative Law in Europe Bernardo Sordi 2. Explaining Administrative Law: Reflections on Federal Administrative Law in Nineteenth Century America Jerry Mashaw 3. Testing Weber: Compensation for Public Services, Bureaucratization, and the Development of Positive Law in the United States Nicholas Parrillo 4. Administrative Law and the Public Regulation of Markets in a Global Age Marco d'Alberti 5. Administrative Law in East Asia: a Comparative-Historical Analysis John Ohnesorge 6. Administrative State Socialism and its Constitutional Aftermath Kim Lane Scheppele PART II: CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW 7. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law Tom Ginsburg 8. Goodbye Montesquieu Bruce Ackerman 9. Comparative Positive Political Theory M. Elizabeth Magill and Daniel R. Ortiz 10. Overseeing the Executive: Is the Legislature Reclaiming Lost Territory from the Courts? Tom Zwart 11. 'Creatures of the State': Regulatory Federalism, Local Immunities, and EU Waste Regulation in Comparative Perspective Fernanda G. Nicola PART III: ADMINISTRATIVE INDEPENDENCE 12. The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent Agencies Daniel Halberstam 13. The Puzzle of Administrative Independence and Parliamentary Democracy in the Common Law World: A Canadian Perspective Lorne Sossin 14. Presidential Dominance from a Comparative Perspective: The Relationship between the Executive Branch and Regulatory Agencies in Brazil Mariana Mota Prado 15. Experimenting with Independent Commissions in a New Democracy with a Civil Administrative Law Tradition: The Case of Taiwan Jiunn-rong Yeh 16. Understanding Independent Accountability Agencies John Ackerman 17. Independent Administrative Authorities in France: Structural and Procedural Change at the Intersection of Americanization, Europeanization and Gallicization Dominique Custos 18. A Comparison of US and European Independent Agencies Martin Shapiro PART IV: TRANSPARENCY, PROCEDURE, AND ADMINISTRATIVE POLICY-MAKING 19. Comparing Regulatory Oversight Bodies across the Atlantic: The Office of Information and Regulatory Affairs in the US and the Impact Assessment Board in the EU Jonathan Wiener and Alberto Alemanno 20. Toward a Third Generation of Administrative Procedure Javier Barnes 21. Participation and Expertise: Judicial Attitudes in Comparative Perspective Catherine Donnelly 22. Administrative Agencies as Creators of Administrative Law Norms: Evidence from the UK, France, and Sweden Dorit Rubinstein Reiss PART V: ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW 23. The Origins of American-Style Judicial Review Thomas W. Merrill 24. The Powers and Duties of the French Administrative Judge Jean Massot 25. Judicial Review and Merits Review: Comparing Administrative Adjudication by Courts and Tribunals Peter Cane 26. Judicial Review of Questions of Law: A Comparative Perspective Paul Craig 27. Judicial Deference to Legislative Delegation and Administrative Discretion in New Democracies: Recent Evidence from Poland, Taiwan, and South Africa Cheng-Yi Huang 28. Where Too Little Judicial Deference Can Impair the Administrative Process: The Case of Ukraine Howard N. Fenton PART VI: ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATE A. The Boundary between Public and Private 29. Three Questions of Privatization Daphne Barak-Erez 30. Contracting Out and 'Public Values': A Theoretical and Comparative Approach Jean-Bernard Auby 31. Organizational Structure and Institutional Culture in an Era of Privatization: The Case of Private Military Contractors in the United States Laura A. Dickinson 32. Financial Crisis and Bailout: Legal Challenges and International Lessons from Mexico, Korea and the United States Irma E. Sandoval 33. The Role of the State in (and after) the Financial Crisis: New Challenges for Administrative Law Giulio Napolitano B. Administration Beyond the State: The Case of the European Union 34. A Restatement of European Administrative Law: Problems and Prospects George A. Bermann 35. Adversarial Legalism and Administrative Law in the EU R. Daniel Kelemen 36. Supranational Governance and Networked Accountability: Member State Oversight of EU Agencies Johannes Saurer 37. Individual Rights and Transnational Networks Francesca Bignami