The Oxford Handbook of Comparative Administrative Law

NOTE EDITORE

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.

SOMMARIO

1 - An Anglo-American Tradition2 - France: The Vicissitudes of a Tradition3 - The Germanic Tradition of Comparative Administrative Law4 - A Chinese Tradition5 - A Middle Eastern Tradition6 - Choosing Units of Comparison7 - Comparison within Multi-Level Polities and Governance Regimes8 - Negotiating Language Barriers9 - Comparative Administrative Law and Public Administration10 - Comparative Administrative Law: The View from Political Science11 - Comparative Administrative Law and Economics12 - The Time Dimension in Comparative Research13 - Diffusion, Reception and Transplantation14 - Parliamentary Regimes15 - Presidential Regimes16 - Semi-Presidentialism: The Rise of an 'Accidental' Model17 - Authoritarian Regimes18 - The De-nationalization of Administrative Law Under the Influence of International and Supranational Organizations19 - Administrative Power20 - Separation of Powers in Comparative Perspective: How Much Protection for the Rule of Law?21 - Rule of Law22 - Accountability23 - Public/Private24 - Democracy and Authoritarianism25 - National Executives and Bureaucracies26 - The EU Administrative Institutions, Their Law and Legal Scholarship27 - Rulemaking Regimes in the Modern State28 - A Comparative Approach to Administrative Adjudication29 - Implementation: Facilitating and Overseeing Public Services at Street Level30 - Through 'Thick' and 'Thin': Comparison in Administrative Law and Regulatory Studies Scholarship31 - Administrative Law Values and National Security Functions: Military Detention in the United States and the United Kingdom32 - Automated Decision-Making and Administrative Law33 - Information Management34 - Legislatures, Executives and Political Control of Government35 - Courts and Judicial Review36 - Tribunals and Adjudication37 - Ombudsmen and Complaint-Handling38 - Public Audit Accountability39 - Criminal and Civil Liability40 - Administrative Procedure41 - Judicial Review of Administrative Reasoning Processes42 - Legality: Six Views of the Cathedral43 - Facticity: Judicial Review of Factual Error in Comparative Perspective44 - Reasonableness and Proportionality45 - Openness and Transparency46 - Material Liberty and the Administrative State: Market and Social Rights in American and German Law47 - The Common Real-Life Reference Point Methodology; or: “The Mc Donald's Index” for Comparative Administrative Law and Regulation48 - Imagining Theoretical Frameworks49 - Evolutionary Public Law: Constituting and Administering Human Ultra-Sociality50 - Expanding Horizons: Psychological, Cultural, and Technological Perspectives51 - Administrative Law and Democracy

AUTORE

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.

ALTRE INFORMAZIONI

• Condizione: Nuovo
• ISBN: 9780198799986
• Collana: Oxford Handbooks
• Dimensioni: 255 x 65.0 x 180 mm Ø 1888 gr
• Formato: Copertina rigida
• Pagine Arabe: 1168