The Oxford handbook of comparative administrative law

書誌事項

The Oxford handbook of comparative administrative law

edited by Peter Cane, Herwig CH Hofmann, Eric C Ip and Peter L Lindseth

Oxford University Press, 2021

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内容説明・目次

内容説明

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.

目次

  • Peter Cane, Herwig C H Hofmann, Eric C Ip, and Peter L Lindseth: Editors' Preface PART I: Beginnings 1: Peter Cane: An Anglo-American Tradition 2: Jean-Louis Mestre: France: The Vicissitudes of a Tradition 3: Karl-Peter Sommermann: The Germanic Tradition of Comparative Administrative Law 4: Albert HY Chen: A Chinese Tradition 5: Chibli Mallat: A Middle Eastern Tradition PART II: Methodology 6: Marco D'Alberti: Choosing Units of Comparison 7: Jacques Ziller: Comparison within Multi-Level Polities and Governance Regimes 8: Edoardo Chiti: Negotiating Language Barriers 9: Anthony Michael Bertelli and Fiona Cece: Comparative Administrative Law and Public Administration 10: Stefanie A Lindquist and David M Searle: Comparative Administrative Law: The View from Political Science 11: Nuno Garoupa and Sofia Amaral-Garcia: Comparative Administrative Law and Economics 12: Bernardo Sordi: The Time Dimension in Comparative Research 13: Mariana Mota Prado: Diffusion, Reception and Transplantation PART III: Governmental Regimes 14: Eric C Ip: Parliamentary Regimes 15: Gabriel Bocksang Hola: Presidential Regimes 16: Sophie Boyron: Semi-Presidentialism: The Rise of an 'Accidental' Model 17: Po Jen YAP: Authoritarian Regimes 18: Giacinto della Cananea: The De-nationalization of Administrative Law Under the Influence of International and Supranational Organizations PART IV: Basic Concepts 19: Administrative Power 20: Peter Strauss: Separation of Powers in Comparative Perspective: How Much Protection for the Rule of Law? 21: Giulio Napolitano: Rule of Law 22: Athanasios Psygkas: Accountability 23: Jean-Bernard Auby: Public/Private 24: Victor V Ramraj: Democracy and Authoritarianism PART V: Constituting and Allocating Administrative Power Section 1: Institutions 25: Matthias Ruffert: National Executives and Bureaucracies 26: Joana Mendes: The EU Administrative Institutions, Their Law and Legal Scholarship Section 2: Functions 27: Kevin M Stack: Rulemaking Regimes in the Modern State 28: Michael Asimow: A Comparative Approach to Administrative Adjudication 29: Colin Scott: Implementation: Facilitating and Overseeing Public Services at Street Level 30: Elizabeth Fisher: Through 'Thick' and 'Thin': Comparison in Administrative Law and Regulatory Studies Scholarship 31: Laura A Dickinson: Administrative Law Values and National Security Functions: Military Detention in the United States and the United Kingdom 32: Michele Finck: Automated Decision-Making and Administrative Law 33: Indra Spiecker Genannt Doehmann: Information Management PART VI: Controlling Administrative Power 34: Gillian E Metzger: Legislatures, Executives and Political Control of Government 35: Li-ann Thio: Courts and Judicial Review 36: Kieran Bradley: Tribunals and Adjudication 37: Ian Harden: Ombudsmen and Complaint-Handling 38: Alex Brenninkmeijer, Laura Frederika Lalikova, and Dylan Siry: Public Audit Accountability 39: Duncan Fairgrieve: Criminal and Civil Liability PART VII: Legal Norms and Values of Administration 40: Javier Barnes: Administrative Procedure 41: Hanna Wilberg: Judicial Review of Administrative Reasoning Processes 42: Paul Craig: Legality: Six Views of the Cathedral 43: Paul Daly: Facticity: Judicial Review of Factual Error in Comparative Perspective 44: Jud Mathews: Reasonableness and Proportionality 45: Jane Reichel: Openness and Transparency 46: Francesca Bignami: Material Liberty and the Administrative State: Market and Social Rights in American and German Law PART VIII: Developing the Field 47: Yoav Dotan: The Common Real-Life Reference Point Methodology
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