Comparative Administrative Law

Contents:

Introduction Susan Rose-Ackerman, Peter Lindseth, and Blake Emerson

Part I CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW: TRADITIONS AND TRANSFORMATIONS 1. Revolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence and Development of Administrative Law Bernardo Sordi

2. Good-bye, Montesquieu [reprint] Bruce Ackerman

3. Politics and Agencies in the Administrative State: the U.S. Case Peter Strauss

4. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law [reprint] Tom Ginsburg

5. Comparative Positive Political Theory and Empirics M. Elizabeth Magill and Daniel R. Ortiz

6. The Neue Verwaltungsrechtswissenschaft against the Backdrop of Traditional Administrative Law Scholarship in Germany Andreas Vosskuhle and Thomas Wischmeyer

7. Transformations of Administrative Law: Italy from a Comparative Perspective Marco D'Alberti

8. Hungary's Post-Socialist Administrative Law Regimes Krisztina Kovacs and Kim Lane Scheppele

Part II Administrative Independence 9. The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent Agencies [reprint] Daniel Halberstam

10. The Puzzle of Independence and Parliamentary Democracy in the Common Law World: A Canadian Perspective Lorne Sossin

11. Assessing the Theory of Presidential Dominance: Empirical Evidence of the Relationship between the Executive Branch and Regulatory Agencies in Brazil Mariana Mota Prado

12. Experimenting with Independent Commission in a New Democracy with a Civil Law Tradition: The Case of Taiwan Jiunn-rong Yeh

13. Flag-Bearers of a New Era? The Evolution of New Regulatory Institutions in India (1991-2016) Arun Kumar Thiruvengadam

14. A Comparison of US and European Independent Commissions Martin Shapiro

Part III TRANSPARENCY, PROCEDURE, AND POLICY-MAKING 15. Citizens and Technocrats: An Essay on Trust, Public Participation, and Government Legitimacy Susan Rose-Ackerman

16. The Rise of Reason Giving in American Administrative Law Jerry Mashaw

17. The 2015 French Code of Administrative Procedure: An Assessment Dominique Custos

18. Three Generations of Administrative Procedures Javier Barnes

19. Administrative Agencies as Creators of Administrative Law Norms: Evidence from the UK, France and Sweden [reprint] Dorit Rubinstein Reiss

20. Comparing Regulatory Oversight Bodies: The US Office of Information and Regulatory Affairs and the EU Regulatory Scrutiny Board Jonathan B. Wiener and Alberto Alemanno

21. Looking for Smarter Government (and Administrative Law) in the Age of Uncertainty Giulio Napolitano

22. Participation and Expertise: Judicial Attitudes in Comparative Perspective Catherine Donnelly

Part IV ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW 23. Judicial Review of Questions of Law: A Comparative Perspective Paul Craig

24. Proportionality Review in Administrative Law Jud Mathews

25. Voidness and Voidability of Unilateral Administrative Acts in the Western Tradition Gabriel Bocksang Hola

26. The Powers and Duties of the French Administrative Judge Jean Massot

27. Judicial Review of Agency Action in the US and Israel: The Choice Between Open and Closed Review Michael Asimow and Yoav Dotan

28. The `Double Helix' of Process and Substance Review before the UK Competition Appeal Tribunal: A Model Case or a Cautionary Tale for Specialist Courts? Athanasios Psygkas

29. Judicial Deference to Agency's Discretion in New Democracies: Observations on Constitutional Decisions in Poland, Taiwan, and South Africa Cheng-Yi Huang

30. Legal Management of Urban Space in Japan and the Role of the Judiciary Narufumi Kadomatsu

31. The Courts and Public Space: France, the UK and the US in Historical Perspective Thomas Perroud

Part V ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATE A. PUBLIC AND PRIVATE 32. Three Questions of Privatization [reprint] Daphne Barek-Erez

33. Contracting Out and `Public Values': A Theoretical and Comparative Approach [reprint] Jean-Bernard Auby

34. Organizational Structure and Culture in an Era of Privatization: The Case of United States Military and Security Contractors Laura A. Dickinson

35. Transnational Non-State Regulation and Domestic Administrative Law Victor V. Ramraj

B. ADMINISTRATIVE LAW BEYOND THE STATE: THE CASE OF THE EU 36. A Framework for Historical Comparison of Control of National, Supranational and Transnational Public Power Peter Cane

37. EU Agencies 2.0: The New Constitution of Supranational Administration beyond the EU Commission Johannes Saurer

38. Administrative Discretion in the EU: Comparative Perspectives Joana Mendes

39. Administrative Law Reform in the European Union: the ReNEUAL Project and its Basis in Comparative Legal Studies Herwig C.H. Hofmann and Jens-Peter Schneider

40. The Constitutional Basis of EU Administrative Law Matthias Ruffert

41. What's in a Label? The EU as "Administrative" and "Constitutional" Peter L. Lindseth

Index