The Oxford Handbook of Comparative Administrative Law
Series: Oxford Handbooks;
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Product details:
- Publisher OUP Oxford
- Date of Publication 17 December 2020
- ISBN 9780198799986
- Binding Hardback
- No. of pages1168 pages
- Size 255x180x65 mm
- Weight 1888 g
- Language English 1521
Categories
Short description:
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.
MoreLong description:
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.
[T]his book examines, discusses and widens the understanding of a broad range of historical, contemporary, and future issues in administrative law ... The handbook is also packed with thought-provoking facts and instructions for research. It analyses and expands methodologies and cross-system content, and serves as a guide to the study of global legal systems. The relationship between comparative administrative law methodologies and other associated fields, such as political science, is also explored in a way that promotes interdisciplinary research ... The Oxford Handbook of Comparative Administrative Law will be of great interest to comparative administrative lawyers, a valuable addition for public lawyers and highly recommended reading for students.
Table of Contents:
Editors' Preface
PART I: Beginnings
An Anglo-American Tradition
France: The Vicissitudes of a Tradition
The Germanic Tradition of Comparative Administrative Law
A Chinese Tradition
A Middle Eastern Tradition
PART II: Methodology
Choosing Units of Comparison
Comparison within Multi-Level Polities and Governance Regimes
Negotiating Language Barriers
Comparative Administrative Law and Public Administration
Comparative Administrative Law: The View from Political Science
Comparative Administrative Law and Economics
The Time Dimension in Comparative Research
Diffusion, Reception and Transplantation
PART III: Governmental Regimes
Parliamentary Regimes
Presidential Regimes
Semi-Presidentialism: The Rise of an 'Accidental' Model
Authoritarian Regimes
The De-nationalization of Administrative Law Under the Influence of International and Supranational Organizations
PART IV: Basic Concepts
Administrative Power
Separation of Powers in Comparative Perspective: How Much Protection for the Rule of Law?
Rule of Law
Accountability
Public/Private
Democracy and Authoritarianism
PART V: Constituting and Allocating Administrative Power
Section 1: Institutions
National Executives and Bureaucracies
The EU Administrative Institutions, Their Law and Legal Scholarship
Section 2: Functions
Rulemaking Regimes in the Modern State
A Comparative Approach to Administrative Adjudication
Implementation: Facilitating and Overseeing Public Services at Street Level
Through 'Thick' and 'Thin': Comparison in Administrative Law and Regulatory Studies Scholarship
Administrative Law Values and National Security Functions: Military Detention in the United States and the United Kingdom
Automated Decision-Making and Administrative Law
Information Management
PART VI: Controlling Administrative Power
Legislatures, Executives and Political Control of Government
Courts and Judicial Review
Tribunals and Adjudication
Ombudsmen and Complaint-Handling
Public Audit Accountability
Criminal and Civil Liability
PART VII: Legal Norms and Values of Administration
Administrative Procedure
Judicial Review of Administrative Reasoning Processes
Legality: Six Views of the Cathedral
Facticity: Judicial Review of Factual Error in Comparative Perspective
Reasonableness and Proportionality
Openness and Transparency
Material Liberty and the Administrative State: Market and Social Rights in American and German Law
PART VIII: Developing the Field
The Common Real-Life Reference Point Methodology; or: ?The Mc Donald's Index? for Comparative Administrative Law and Regulation
Imagining Theoretical Frameworks
Evolutionary Public Law: Constituting and Administering Human Ultra-Sociality
Expanding Horizons: Psychological, Cultural, and Technological Perspectives
Administrative Law and Democracy
