Sofia Ranchordás - Böcker

Contemporary life relies on regulation. The quality and safety of the water we drink, the food we eat, and the social media applications we use are all governed by multiple regulatory regimes. Although rooted in law, regulation is a multidisciplinary endeavour. Debates about regulation, particularly in the face of rapid change and the emergence of new 'risks', are now commonplace. Despite extensive scholarship, regulation is often poorly understood, even by policy-makers, with unintended and even disastrous consequences. This book offers a critical introduction to core theories, concepts, methods, tools, and techniques of regulation, including regulatory policy, instruments, enforcement, compliance, accountability and legitimacy. Weaving extracts from texts drawn from many disciplines with accessible commentary, it introduces this important field to students, scholars, and practitioners in a scholarly yet accessible and engaging manner with discussion questions and additional readings for those seeking to deepen their knowledge.

Contemporary life relies on regulation. The quality and safety of the water we drink, the food we eat, and the social media applications we use are all governed by multiple regulatory regimes. Although rooted in law, regulation is a multidisciplinary endeavour. Debates about regulation, particularly in the face of rapid change and the emergence of new 'risks', are now commonplace. Despite extensive scholarship, regulation is often poorly understood, even by policy-makers, with unintended and even disastrous consequences. This book offers a critical introduction to core theories, concepts, methods, tools, and techniques of regulation, including regulatory policy, instruments, enforcement, compliance, accountability and legitimacy. Weaving extracts from texts drawn from many disciplines with accessible commentary, it introduces this important field to students, scholars, and practitioners in a scholarly yet accessible and engaging manner with discussion questions and additional readings for those seeking to deepen their knowledge.

This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies.Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found.This book will be of great interest to scholars of public and administrative law, and EU law.

This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies.Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found.This book will be of great interest to scholars of public and administrative law, and EU law.

Offering a unique perspective on an overlooked subject – the relationship between time, change, and lawmaking – this edited collection brings together world-leading experts to consider how time considerations and social, political and technological change affect the legislative process, the interpretation of laws, the definition of the powers of the government and the ability of legal orders to promote innovation.Divided into four parts, each part considers a different form of interaction between time and law, and change. The first part offers legal, theoretical and historical perspectives on the relationship between time and law, and how time shaped law and influences legal interpretation and constitutional change.The second part offers the reader an analysis of the different ways in which courts approach the impact of time on law, as well as theoretical and empirical reflections upon the meaning of the principle of legal certainty, legitimate expectations and the influence of law over time.The third part of the book analyses how legislation and the legislative process addresses time and change, and the various challenges they create to the legal order.The fourth and final part addresses the complex relationship between fast-paced technological change and the regulation of innovations.

This innovative book explores the nature and function of 'sunset clauses' and experimental legislation, or temporary legislation that expires after a determined period of time, allowing legislators to test out new rules and regulations within a set time frame and on a small-scale basis. Sofia Ranchordás presents a thorough analysis of sunset clauses and experimental legislation from a comparative perspective, and offers a clear legal framework for their implementation.The author begins with a comprehensive history of sunset clauses and experimental legislation, along with a clear explanation of their characteristics and potential uses. She then analyzes the relationship between these legislative instruments and a number of fundamental legal principles, including legal certainty, equal treatment, proportionality and separation of powers. This thorough exploration of sunset clauses and experimental regulations places them within a broader legal context and makes a compelling case for their increased use.Scholars and students of comparative law, regulation and public policy will all find this book a fascinating and useful resource.