OXF HANDB COMP ADMIN LAW OHBK C

Erscheinungsjahr 2020
ISBN: 978-0-19-879998-6
Verlag: ACADEMIC

Buch, Englisch, 1168 Seiten, Format (B × H): 175 mm x 250 mm, Gewicht: 2137 g

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.

Autoren/Hrsg.

Al, Cane Et

Cane, Peter

Hofmann, Herwig C H

Ip, Eric C

Lindseth, Peter L

Fachgebiete

• Rechtswissenschaften Recht, Rechtswissenschaft Allgemein Rechtsvergleichung
• Rechtswissenschaften Öffentliches Recht

Inhaltsverzeichnis

- 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: Michèle 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

Über Autor(innen)

Peter Cane divided his academic career between Corpus Christi College in the University of Oxford (1978-1997) and The Australian National University (1997-2016), where he held the posts of Professor and Distinguished Professor of Law. In 'retirement' he is a Senior Research Fellow of Christ's College Cambridge (where his wife, Jane Stapleton, is Master) and Yorke Distinguished Visiting Fellow in the Cambridge University Law Faculty. He is a Corresponding Fellow of the British Academy and author of books including Controlling Administrative Power: An Historical Comparison.

Herwig C.H. Hofmann is Professor of European and Transnational Public Law and head of the University of Luxembourg's Law Department. He was formerly a Lecturer in Law at Trinity College Dublin and has held visiting positions at institutions in Europe, the US, and Asia. He is the author and co-author of books in the field of EU and comparative public law. Recent volumes include: Administrative Law and Politics of the European Union, Metamorphosis of the European Economic Constitution, Specialised Administrative Law of the European Union, and State Aid Law of the European Union. Hofmann is one of the coordinators of the Research Network on European Administrative Law (ReNEUAL) and one of the co-authors of the ReNEUAL Model Rules on EU Administrative Procedure.

Eric C. Ip is an Associate Professor of Law at the University of Hong Kong (HKU) and a Fellow of the Asian Institute of International Financial Law. He is the author of Hybrid Constitutionalism: The Politics of Constitutional Review in the Chinese Special Administrative Regions, and Law and Justice in Hong Kong. Prior to joining HKU, he taught at University College London and the Chinese University of Hong Kong, where he served as Assistant Dean of the Faculty of Law.

Peter L. Lindseth is the Olimpiad S. Ioffe Professor of International and Comparative Law at the University of Connecticut School of Law, where he is also Director of International Programs and Co-Director of the Program in Corporate and Regulatory Compliance. His research focuses on comparative administrative law, European integration, and legal history. His books include Power and Legitimacy: Reconciling Europe and the Nation-State, and his articles have appeared in the Columbia Law Review, Contemporary European History, the European Law Journal, and the Yale Law Journal, among other publications. He holds a B.A. and J.D. from Cornell and a Ph.D. in European history from Columbia.