Comparative Administrative Law Susan Roseackerman Peter L Lindseth by Susan Rose-ackerman; Peter L Lindseth 9781849808101, 1849808104 instant download after payment.

A comprehensive overview of the field of comparative administrative law, the specially commissioned papers in this landmark volume represent a broad, multi-method approach combining history and social science perspectives 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 admin.  Read more... Cover; Copyright; Contents; Contributors; Acknowledgements; Comparative administrative law: an introduction; PART 1 HISTORICAL PERSPECTIVES; 1 Révolution, Rechtsstaat, and the Rule of Law: historical reflections on the emergence of administrative law in Europe; 2 Explaining administrative law: reflections on federal administrative law in nineteenth century America; 3 Testing Weber: compensation for public services, bureaucratization, and the development of positive law in the United States; 4 Administrative law and the public regulation of markets in a global age. 5 Administrative law in East Asia: a comparative historicalanalysis6 Administrative state socialism and its constitutional aftermath; PART 2 CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW; 7 Written constitutions and the administrative state: on the constitutional character of administrative law; 8 Good-bye, Montesquieu; 9 Comparative positive political theory; 10 Overseeing the executive: Is the legislature reclaiming lost territory from the courts?; 11 'Creatures of the state': regulatory federalism, local immunities, and EU waste regulation in comparative perspective. PART 3 ADMINISTRATIVE INDEPENDENCE12 The promise of comparative administrative law: a constitutional perspective on independent agencies; 13 The puzzle of administrative independence and parliamentary democracy in the common law world: a Canadian perspective; 14 Presidential dominance from a comparative perspective: the relationship between the executive branch and regulatory agencies in Brazil; 15 Experimenting with independent commissions in a new democracy with a civil law tradition: the case of Taiwan; 16 Understanding independent accountability agencies. 17 Independent administrative authorities in France: structural and procedural change at the intersection of Americanization, Europeanization and Gallicization18 A comparison of US and European independent agencies; PART 4 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; 20 Towards a third generation of administrative procedure; 21 Participation and expertise: judicial attitudes in comparative perspective. 22 Administrative agencies as creators of administrative law norms: evidence from the UK, France and SwedenPART 5 ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW; 23 The origins of American-style judicial review; 24 The powers and duties of the French administrative judge; 25 Judicial review and merits review: comparing administrative adjudication by courts and tribunals; 26 Judicial review of questions of law: a comparative perspective; 27 Judicial deference to legislative delegation and administrative discretion in new democracies: recent evidence from Poland, Taiwan, and South Africa. 28 Where too little judicial deference can impair the administrative process: the case of Ukraine