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The Oxford Handbook of Comparative Administrative Law
Author: Peter Cane
Publisher: Oxford University Press, USA
Published: 2021-01-17
Total Pages: 1169
ISBN-13: 0198799985
DOWNLOAD EBOOK →In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
Comparative Administrative Law
Author: René Seerden
Publisher:
Published: 2018
Total Pages: 0
ISBN-13: 9781780686301
DOWNLOAD EBOOK →This book offers a comparative introduction to the most important aspects of administrative law in various EU Member States (France, Germany, the Netherlands, the United Kingdom), at the level of the EU and in the United States of America. It aspires to contribute to the 'transboundary' understanding of different regimes related to actions and decisions of the administration.
Comparative Administrative Law
Author: Susan Rose-Ackerman
Publisher: Edward Elgar Publishing
Published: 2010-01-01
Total Pages: 689
ISBN-13: 1849808104
DOWNLOAD EBOOK →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.
Deference to the Administration in Judicial Review
Author: Guobin Zhu
Publisher: Springer Nature
Published: 2019-11-23
Total Pages: 445
ISBN-13: 3030315398
DOWNLOAD EBOOK →This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
The Judge and the Proportionate Use of Discretion
Author: Sofia Ranchordás
Publisher: Routledge
Published: 2015-06-12
Total Pages: 208
ISBN-13: 1317606124
DOWNLOAD EBOOK →This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.
Administrative Law and Governance in Asia
Author: Tom Ginsburg
Publisher: Routledge
Published: 2008-10-30
Total Pages: 395
ISBN-13: 1135970645
DOWNLOAD EBOOK →This book examines administrative law throughout Asia, exploring the profound changes in many legal regimes that have occurred. It shows how many states have shifted towards a more market-oriented regulatory state model, involving a greater role for judges and law-like processes, and explores the profound implications of this for policy-making.
Comparative Administrative Law
Judicial Review of Administrative Action
Author: Swati Jhaveri
Publisher: Cambridge University Press
Published: 2021-03-18
Total Pages: 447
ISBN-13: 1108481574
DOWNLOAD EBOOK →Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
The Oxford Handbook of Comparative Law
Author: Mathias Reimann
Publisher: Oxford University Press
Published: 2019-03-26
Total Pages: 1536
ISBN-13: 0192565516
DOWNLOAD EBOOK →This fully revised and updated second edition of The Oxford Handbook of Comparative Law provides a wide-ranging and diverse critical survey of comparative law at the beginning of the twenty-first century. It summarizes and evaluates a discipline that is time-honoured but not easily understood in all its dimensions. In the current era of globalization, this discipline is more relevant than ever, both on the academic and on the practical level. The Handbook is divided into three main sections. Section I surveys how comparative law has developed and where it stands today in various parts of the world. This includes not only traditional model jurisdictions, such as France, Germany, and the United States, but also other regions like Eastern Europe, East Asia, and Latin America. Section II then discusses the major approaches to comparative law - its methods, goals, and its relationship with other fields, such as legal history, economics, and linguistics. Finally, section III deals with the status of comparative studies in over a dozen subject matter areas, including the major categories of private, economic, public, and criminal law. The Handbook contains forty-eight chapters written by experts from around the world. The aim of each chapter is to provide an accessible, original, and critical account of the current state of comparative law in its respective area which will help to shape the agenda in the years to come. Each chapter also includes a short bibliography referencing the definitive works in the field.
