Comparative Administrative Law

Edited by Peter L. Lindseth, Olimpiad S. Ioffe Professor of International and Comparative Law, University of Connecticut School of Law, USA, Mariana Mota Prado, Professor of Law, University of Toronto, Canada, Blake Emerson, Professor of Law, UCLA School of Law, USA, Farrah Ahmed, Professor of Law, The University of Melbourne, Australia and Megan Pfiffer, doctoral candidate, Faculty of Law, University of Toronto, Canada

‘While Administrative Law has long been recognised as an important area of the law domestically, its comparative and international aspects have received less attention. An important exception to this trend are the first two editions of this work which brought together the scholarship of scholars from multiple jurisdictions and put them in conversation with each other. This third edition, appearing in print a decade and a half after the first edition, takes that project forward by incorporating – as the subtitle indicates – “new voices and new perspectives.” The twenty chapters that constitute this volume deepen the comparative analysis in earlier editions – the chapter on the public trust doctrine in South Asia, for instance, alone covers the law in six nations. The geographical spread of the volume has consciously been widened. Chapters that focus on the experience of administrative law in the six Caribbean nations or those that analyse developments in Bhutan and Nepal sit alongside those of more traditional jurisdictions such as the US, Canada, Australia, the EU and its constituent nation-states. Several chapters push the boundaries of existing administrative law by focusing on the concept of accountability in its varied manifestations. A significant number of chapters analyse the concept of administrative governance beyond the nation state, alerting scholars in the field to dimensions that have been understudied. The volume as a whole provides much stimulation to students of administrative law – old and new – and will quickly become a standard reference text.’

• ContentsForeword viiIntroduction 1PART I PLURAL LEGACIES OF DECOLONIZATION IN ADMINISTRATIVE LAW1 Transnational regulation, TWAIL, and the rise of the Global South 18Victor V. Ramraj and Ngozi S. Nwoko2 Vernacularizing administrative law in Commonwealth African jurisdictions 35Geo Quinot3 The hybridization of administrative law: exploring the Caribbean Court ofJustices’ ‘chiastic’ jurisprudence 52Justice Peter Jamadar4 The diffusion of the public trust doctrine in South Asia: environmentalconstitutionalism or beyond? 70Dinesha Samararatne and Tavini NanayakkaraPART II ADMINISTRATIVE LAW AND CONSTITUTIONAL POLITICS5 When the administrative state encounters the Constitution 91Athanasios (Akis) Psygkas6 Democratic legitimacy of regulation-making in the UK and Australia: theimpact of semi-parliamentarism 111Andrew Edgar7 Engaging democracy: A procedural route to democratic accountability throughIndigenous rights in Canada and economic and social rights in SouthAfrica 128Richard Stacey8 Politics by Other Means: Judicial Review of Administrative Action in Franceand the USA 147Cyrille Beaufils and Noah A. Rosenblum9 The major questions doctrines: a case study on the domestic ‘possibilities’ ofcomparative administrative law 165Oren TamirPART III ACCOUNTABILITY AND THE EVOLVING STRUCTURES ANDFUNCTIONING OF ADMINISTRATIVE GOVERNANCE10 Administrative justice and outsourced service-delivery 185Janina Boughey11 Reorganizing review of administrative adjudication in the welfare state 205Andrew Hammond12 Towards a process-oriented review of decisions under conditions of scientificuncertainty: case studies of Japan and China 217Yun Ma and Narufumi Kadomatsu13 Exploring the uncharted world of audit institutions 236Eugenio García-Huidobro14 Ombuds and maladministration: the case of Indonesia and the Netherlands 256Susi Dwi Harijanti and Richo Andi Wibowo15 The use of comparative law by the French Conseil d’Etat: a testimony of the15 years of its Comparative Law Unit 273Eduardo JordãoPART IV ADMINISTRATIVE GOVERNANCE BEYOND THE STATE, REVISITED16 International cconomic law and comparative administrative law 289Georgios Dimitropoulos17 The many faces of ‘good administration’ in European integration: theEuropean Union and Council of Europe in comparative perspective 308Yseult Marique and Ulrich Stelkens18 Conditional spending as an instrument of Government 325Cristina Fasone and Marta Simoncini19 Funding as a tool in administrative law: EU structural funds as a case study 343Leticia Díez Sánchez, Mariolina EliantonioEmilia Korkea-aho20 Emergency governance based on Art. 122 TFEU: the end of EUConstitutionalism? 362Matthias Ruffert