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Peter Cane - The Oxford Handbook of Comparative Administrative Law

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Peter Cane The Oxford Handbook of Comparative Administrative Law

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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 scholarlyresearch. 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 methodologicalissues, 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 ofthis 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 hasclose 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 anddifferences between the way government power and its control is managed in different countries and legal traditions.

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Peter Cane - The Oxford Handbook of Comparative Administrative Law
The Oxford Handbook of Comparative Administrative Law
Peter Cane
The Oxford Handbook of Comparative Administrative Law

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The Oxford Handbook of Comparative Administrative Law Great Clarendon - photo 1
The Oxford Handbook of
Comparative Administrative Law

Great Clarendon Street Oxford ox 2 6 dp United Kingdom Oxford University - photo 2

Great Clarendon Street, Oxford, ox 2 6 dp , United Kingdom

Oxford University Press is a department of the University of Oxford. It furthers the Universitys objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries

The Several Contributors 2021

The moral rights of the authors have been asserted

First Edition published in 2021

Impression: 1

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above

You must not circulate this work in any other form and you must impose this same condition on any acquirer

Published in the United States of America by Oxford University Press

198 Madison Avenue, New York, NY 10016, United States of America

British Library Cataloguing in Publication Data

Data available

Library of Congress Control Number: 2020938076

ISBN 9780198799986

ebook ISBN 9780192560117

Printed and bound by

CPI Group (UK) Ltd, Croydon, cr 0 4 yy

Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work.

Contents

Editors Preface
Peter Cane , Herwig Hofmann , Eric Ip , and Peter Lindseth

An Anglo-American Tradition
Peter Cane

France: The Vicissitudes of a Tradition
Jean-Louis Mestre

The Germanic Tradition of Comparative Administrative Law
Karl-Peter Sommermann

The Chinese Tradition
Albert HY Chen

A Middle Eastern Tradition
Chibli Mallat

Units and Methods of Comparison
Marco DAlberti

Comparison within Multi-Level Polities and Governance Regimes
Jacques Ziller

Negotiating Language Barriers
Edoardo Chiti

Comparative Administrative Law and Public Administration
Anthony Michael Bertelli and Fiona Cece

Comparative Administrative Law: The View from Political Science
Stefanie A Lindquist and David M Searle

Comparative Administrative Law and Economics
Nuno Garoupa and Sofia Amaral-Garcia

The Time Dimension in Comparative Research
Bernardo Sordi

Diffusion, Reception, and Transplantation
Mariana Mota Prado

Parliamentary Regimes
Eric C Ip

Presidential Regimes
Gabriel Bocksang Hola

Semi-Presidentialism: The Rise of an Accidental Model
Sophie Boyron

Authoritarian Regimes
Po Jen Yap

Administrative Law Beyond the State: The Influence of International and Supranational Organizations
Giacinto della Cananea

Administrative Power
Sarah Biddulph

Separation of Powers in Comparative Perspective: How Much Protection for the Rule of Law?
Peter L Strauss

The Rule of Law
Giulio Napolitano

Accountability
Athanasios Psygkas

Public/Private
Jean-Bernard Auby

Democracy and Authoritarianism
Victor V Ramraj

National Executives and Bureaucracies
Matthias Ruffert

The EU Administrative Institutions, Their Law, and Legal Scholarship
Joana Mendes

Rule-making Regimes in the Modern State
Kevin M Stack

A Comparative Approach to Administrative Adjudication
Michael Asimow

Implementation: Facilitating and Overseeing Public Services at Street Level
Colin Scott

Through Thick and Thin: Comparison in Administrative Law and Regulatory Studies Scholarship
Elizabeth Fisher

Administrative Law Values and National Security Functions: Military Detention in the United States and the United Kingdom
Laura A Dickinson

Automated Decision-Making and Administrative Law
Michle Finck

Information Management
Indra Spiecker Genannt Doehmann

Legislatures, Executives, and Political Control of Government
Gillian E Metzger

Courts and Judicial Review
Li-ann Thio

Tribunals and Adjudication
Kieran Bradley

Ombudsmen and Complaint-Handling
Ian Harden

Public Audit Accountability
Alex Brenninkmeijer , Laura Frederika Lalikova , and Dylan Siry

Criminal and Civil Liability
Duncan Fairgrieve

Administrative Procedure
Javier Barnes

Judicial Review of Administrative Reasoning Processes
Hanna Wilberg

Legality: Six Views of the Cathedral
Paul Craig

Facticity: Judicial Review of Factual Error in Comparative Perspective
Paul Daly

Reasonableness and Proportionality
Jud Mathews

Openness and Transparency
Jane Reichel

Material Liberty and the Administrative State: Market and Social Rights in American and German Law
Francesca Bignami

The Common Real-Life Reference Point Methodologyor: The McDonalds Index for Comparative Administrative Law and Regulation
Yoav Dotan

Imagining Theoretical Frameworks
Herwig CH Hofmann

Evolutionary Public Law: Constituting and Administering Human Ultra-Sociality
Peter L Lindseth

Expanding Horizons: Psychological, Cultural, Institutional, and Technological Perspectives
Cheng-Yi Huang

Administrative Law and Democracy
Susan Rose-Ackerman

Sofia Amaral-Garcia is a Research Fellow at i3health, Universit libre de Bruxelles
Michael Asimow is Deans Executive Professor, Santa Clara School of Law, and Professor of Law Emeritus, UCLA School of Law
Jean-Bernard Auby is Professor of Law at Sciences Po, Paris
Javier Barnes is Professor of Administrative Law at the University of Huelva, Spain
Anthony Michael Bertelli is Professor of Political Science at Bocconi University, Italy and Sherwin-Whitmore Chair of Liberal Arts at Pennsylvania State University
Sarah Biddulph is Professor of Law and Director of the Asian Law Centre at the University of Melbourne
Francesca Bignami is Leroy Sorenson Merrifield Research Professor of Law at George Washington University
Gabriel Bocksang Hola is Professor of Law at the Pontifical Catholic University of Chile (Pontificia Universidad Catlica de Chile)
Sophie Boyron is Senior Lecturer in Law, Birmingham Law School, UK
Kieran Bradley is a former judge of the EU Civil Service Tribunal, former Special Adviser of the CJEU on Brexit, and Adjunct Professor of Law, Trinity College Dublin
Alex Brenninkmeijer is Member of the European Court of Auditors, Luxembourg and Professor at the Utrecht University School of Law
Giacinto della Cananea is Professor of Law at the University of Rome, Tor Vergata
Peter Cane is Senior Research Fellow at Christs College, Cambridge and Emeritus Distinguished Professor of Law at the Australian National University
Fiona Cece is a Masters Candidate in Politics and Policy Analysis at Bocconi University, Italy
Albert HY Chen is Cheng Chan Lan Yue Professor of Constitutional Law at the University of Hong Kong
Edoardo Chiti is Professor of Administrative Law at the University of La Tuscia
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