Comparative Administrative Law

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. -- Yseult Marique, Review of European 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 and Blake Emerson, Assistant Professor of Law, UCLA School of Law, US

Contents: Introduction Susan Rose-Ackerman, Peter Lindseth, and Blake Emerson PART I CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW: TRADITIONS AND TRANSFORMATIONS 1. Rvolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence and Development of Administrative Law Bernardo Sordi 2. Good-bye, Montesquieu Bruce Ackerman 3. Politics and Agencies in the Administrative State: the US Case Peter L. Strauss 4. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative Law 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 Vokuhle and Thomas Wischmeyer 7. Transformations of Administrative Law: Italy from a Comparative Perspective Marco DAlberti 8. Hungarys Post-Socialist Administrative Law Regimes Krisztina Kovcs and Kim Lane Scheppele PART II Administrative Independence 9. The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent Agencies 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 Commissions 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 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 Law 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 Agencys 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 Daphne Barek-Erez 33. Contracting Out and Public Values: A Theoretical and Co