Comparative Administrative Law

This research handbook is a comprehensive overview of the field of comparative administrative law. The specially commissioned chapters in this landmark volume represent a broad, multi-method approach combining perspectives from history and social science 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 public authority.

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 find this work a valuable addition to their library.

Contents:

Comparative Administrative Law: An Introduction
Susan Rose-Ackerman and Peter L. Lindseth

PART I: HISTORICAL PERSPECTIVES
1. Révolution, 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 L. 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. Good-bye 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 Law Tradition: The Case of Taiwan
Jiunn-rong Yeh

16. Understanding Independent Accountability Agencies
John M. 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 B. Wiener and Alberto Alemanno

20. Towards 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, Institutional Culture and Norm Compliance in an Era of Privatization: The Case of US Military Contractors
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 European Union
R. Daniel Kelemen

36. Supranational Governance and Networked Accountability Structures: Member State Oversight of EU Agencies
Johannes Saurer

37. Individual Rights and Transnational Networks
Francesca Bignami

Index