Comparative Administrative Law

Edited by Susan Rose-Ackerman, Henry R. Luce Professor Emeritus of Law and Political Science, Yale University, Peter L. Lindseth, Olimpiad S. Ioffe Professor of International and Comparative Law, University of Connecticut School of Law, US and Blake Emerson, Professor of Law, UCLA School of Law, US

‘Overall, this edited collection is an incredibly important stepping stone to framing administrative comparative law as a distinct field of research. It is a very welcomed addition to the bookshelves of any comparative administrative lawyer, as well as for many domestic lawyers who will find stimulating challenges directed toward what they take for granted about their own administrative law system. The high quality of the range of issues discussed in this volume will no doubt provide first-class “food for thought” for the comparative administrative law community and trigger cutting edge research projects in comparative administrative law for years to come.’

• Contents:IntroductionSusan Rose-Ackerman, Peter Lindseth, and Blake EmersonPART I CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW: TRADITIONS AND TRANSFORMATIONS1. Révolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence and Development of Administrative Law Bernardo Sordi 2. Good-bye, Montesquieu Bruce Ackerman3. Politics and Agencies in the Administrative State: the US CasePeter L. Strauss 4. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law Tom Ginsburg5. Comparative Positive Political Theory and EmpiricsM. Elizabeth Magill and Daniel R. Ortiz6. The ‘Neue Verwaltungsrechtswissenschaft’ against the Backdrop of Traditional Administrative Law Scholarship in GermanyAndreas Voßkuhle and Thomas Wischmeyer7. Transformations of Administrative Law: Italy from a Comparative PerspectiveMarco D’Alberti 8. Hungary’s Post-Socialist Administrative Law RegimesKrisztina Kovács and Kim Lane ScheppelePART II Administrative Independence9. The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent Agencies Daniel Halberstam10. The Puzzle of Independence and Parliamentary Democracy in the Common Law World: A Canadian PerspectiveLorne Sossin11. Assessing the Theory of Presidential Dominance: Empirical Evidence of the Relationship between the Executive Branch and Regulatory Agencies in BrazilMariana Mota Prado12. Experimenting with Independent Commissions in a New Democracy with a Civil Law Tradition: The Case of TaiwanJiunn-rong Yeh 13. Flag-Bearers of a New Era? The Evolution of New Regulatory Institutions in India (1991-2016)Arun Kumar Thiruvengadam14. A Comparison of US and European Independent CommissionsMartin Shapiro PART III TRANSPARENCY, PROCEDURE, AND POLICY-MAKING15. Citizens and Technocrats: An Essay on Trust, Public Participation, and Government Legitimacy Susan Rose-Ackerman16. The Rise of Reason Giving in American Administrative LawJerry Mashaw 17. The 2015 French Code of Administrative Procedure: An AssessmentDominique Custos 18. Three Generations of Administrative ProceduresJavier Barnes19. Administrative Agencies as Creators of Administrative Law Norms: Evidence from the UK, France and Sweden Dorit Rubinstein Reiss20. Comparing Regulatory Oversight Bodies: The US Office of Information and Regulatory Affairs and the EU Regulatory Scrutiny Board Jonathan B. Wiener and Alberto Alemanno21. Looking for Smarter Government (and Administrative Law) in the Age of UncertaintyGiulio Napolitano22. Participation and Expertise: Judicial Attitudes in Comparative PerspectiveCatherine Donnelly  PART IV ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW 23. Judicial Review of Questions of Law: A Comparative PerspectivePaul Craig24. Proportionality Review in Administrative LawJud Mathews25. Voidness and Voidability of Unilateral Administrative Acts in the Western Tradition Gabriel Bocksang Hola26. The Powers and Duties of the French Administrative Law JudgeJean Massot27. Judicial Review of Agency Action in the US and Israel: The Choice Between Open and Closed ReviewMichael Asimow and Yoav Dotan28. 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 Psygkas29. Judicial Deference to Agency’s Discretion in New Democracies: Observations on Constitutional Decisions in Poland, Taiwan, and South AfricaCheng-Yi Huang30. Legal Management of Urban Space in Japan and the Role of the JudiciaryNarufumi Kadomatsu  31. The Courts and Public Space: France, the UK and the US in Historical Perspective Thomas PerroudPART V ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATEA. PUBLIC AND PRIVATE32. Three Questions of Privatization Daphne Barek-Erez33. Contracting Out and ‘Public Values’: A Theoretical and Comparative Approach Jean-Bernard Auby34. Organizational Structure and Culture in an Era of Privatization: The Case of United States Military and Security Contractors Laura A. Dickinson35. Transnational Non-State Regulation and Domestic Administrative LawVictor V. RamrajB. ADMINISTRATIVE LAW BEYOND THE STATE: THE CASE OF THE EU36. A Framework for Historical Comparison of Control of National, Supranational and Transnational Public PowerPeter Cane37. EU Agencies 2.0: The New Constitution of Supranational Administration beyond the EU CommissionJohannes Saurer 38. Administrative Discretion in the EU: Comparative PerspectivesJoana Mendes39. Administrative Law Reform in the European Union: the ReNEUAL Project and its Basis in Comparative Legal StudiesHerwig C.H. Hofmann and Jens-Peter Schneider40. The Constitutional Basis of EU Administrative LawMatthias Ruffert41. What’s in a Label? The EU as “Administrative” and “Constitutional”Peter L. LindsethIndex