The Oxford Handbook of Comparative Administrative Law (inbunden)
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OUP Oxford
Hofmann, Herwig C H / Ip, Eric C / Lindseth, Peter L
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The Oxford Handbook of Comparative Administrative Law (inbunden)

The Oxford Handbook of Comparative Administrative Law

Inbunden Engelska, 2020-12-17
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In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
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Helene Mansilla-Scholes, Law Society Gazette [T]his book examines, discusses and widens the understanding of a broad range of historical, contemporary, and future issues in administrative law ... The handbook is also packed with thought-provoking facts and instructions for research. It analyses and expands methodologies and cross-system content, and serves as a guide to the study of global legal systems. The relationship between comparative administrative law methodologies and other associated fields, such as
political science, is also explored in a way that promotes interdisciplinary research ... The Oxford Handbook of Comparative Administrative Law will be of great interest to comparative administrative lawyers, a valuable addition for public lawyers and highly recommended reading for students.

Övrig information

Peter Cane divided his academic career between Corpus Christi College in the University of Oxford (1978-1997) and The Australian National University (1997-2016), where he held the posts of Professor and Distinguished Professor of Law. In 'retirement' he is a Senior Research Fellow of Christ's College Cambridge (where his wife, Jane Stapleton, is Master) and Yorke Distinguished Visiting Fellow in the Cambridge University Law Faculty. He is a Corresponding Fellow of the British Academy and author of books including Controlling Administrative Power: An Historical Comparison. Herwig C.H. Hofmann is Professor of European and Transnational Public Law and head of the University of Luxembourg's Law Department. He was formerly a Lecturer in Law at Trinity College Dublin and has held visiting positions at institutions in Europe, the US, and Asia. He is the author and co-author of books in the field of EU and comparative public law. Recent volumes include: Administrative Law and Politics of the European Union, Metamorphosis of the European Economic Constitution, Specialised Administrative Law of the European Union, and State Aid Law of the European Union. Hofmann is one of the coordinators of the Research Network on European Administrative Law (ReNEUAL) and one of the co-authors of the ReNEUAL Model Rules on EU Administrative Procedure. Eric C. Ip is an Associate Professor of Law at the University of Hong Kong (HKU) and a Fellow of the Asian Institute of International Financial Law. He is the author of Hybrid Constitutionalism: The Politics of Constitutional Review in the Chinese Special Administrative Regions, and Law and Justice in Hong Kong. Prior to joining HKU, he taught at University College London and the Chinese University of Hong Kong, where he served as Assistant Dean of the Faculty of Law. Peter L. Lindseth is the Olimpiad S. Ioffe Professor of International and Comparative Law at the University of Connecticut School of Law, where he is also Director of International Programs and Co-Director of the Program in Corporate and Regulatory Compliance. His research focuses on comparative administrative law, European integration, and legal history. His books include Power and Legitimacy: Reconciling Europe and the Nation-State, and his articles have appeared in the Columbia Law Review, Contemporary European History, the European Law Journal, and the Yale Law Journal, among other publications. He holds a B.A. and J.D. from Cornell and a Ph.D. in European history from Columbia.


Peter Cane, Herwig C H Hofmann, Eric C Ip, and Peter L Lindseth: Editors' Preface PART I: Beginnings 1: Peter Cane: An Anglo-American Tradition 2: Jean-Louis Mestre: France: The Vicissitudes of a Tradition 3: Karl-Peter Sommermann: The Germanic Tradition of Comparative Administrative Law 4: Albert HY Chen: A Chinese Tradition 5: Chibli Mallat: A Middle Eastern Tradition PART II: Methodology 6: Marco D'Alberti: Choosing Units of Comparison 7: Jacques Ziller: Comparison within Multi-Level Polities and Governance Regimes 8: Edoardo Chiti: Negotiating Language Barriers 9: Anthony Michael Bertelli and Fiona Cece: Comparative Administrative Law and Public Administration 10: Stefanie A Lindquist and David M Searle: Comparative Administrative Law: The View from Political Science 11: Nuno Garoupa and Sofia Amaral-Garcia: Comparative Administrative Law and Economics 12: Bernardo Sordi: The Time Dimension in Comparative Research 13: Mariana Mota Prado: Diffusion, Reception and Transplantation PART III: Governmental Regimes 14: Eric C Ip: Parliamentary Regimes 15: Gabriel Bocksang Hola: Presidential Regimes 16: Sophie Boyron: Semi-Presidentialism: The Rise of an 'Accidental' Model 17: Po Jen YAP: Authoritarian Regimes 18: Giacinto della Cananea: The De-nationalization of Administrative Law Under the Influence of International and Supranational Organizations PART IV: Basic Concepts 19: Administrative Power 20: Peter Strauss: Separation of Powers in Comparative Perspective: How Much Protection for the Rule of Law? 21: Giulio Napolitano: Rule of Law 22: Athanasios Psygkas: Accountability 23: Jean-Bernard Auby: Public/Private 24: Victor V Ramraj: Democracy and Authoritarianism PART V: Constituting and Allocating Administrative Power Section 1: Institutions 25: Matthias Ruffert: National Executives and Bureaucracies 26: Joana Mendes: The EU Administrative Institutions, Their Law and Legal Scholarship Section 2: Functions 27: Kevin M Stack: Rulemaking Regimes in the Modern State 28: Michael Asimow: A Comparative Approach to Administrative Adjudication 29: Colin Scott: Implementation: Facilitating and Overseeing Public Services at Street Level 30: Elizabeth Fisher: Through 'Thick' and 'Thin': Comparison in Administrative Law and Regulatory Studies Scholarship 31: Laura A Dickinson: Administrative Law Values and National Security Functions: Military Detention in the United States and the United Kingdom 32: Michele Finck: Automated Decision-Making and Administrative Law 33: Indra Spiecker Genannt Doehmann: Information Management PART VI: Controlling Administrative Power 34: Gillian E Metzger: Legislatures, Executives and Political Control of Government 35: Li-ann Thio: Courts and Judicial Review 36: Kieran Bradley: Tribunals and Adjudication 37: Ian Harden: Ombudsmen and Complaint-Handling 38: Alex Brenninkmeijer, Laura Frederika Lalikova, and Dylan Siry: Public Audit Accountability 39: Duncan Fairgrieve: Criminal and Civil Liability PART VII: Legal Norms and Values of Administration 40: Javier Barnes: Administrative Procedure 41: Hanna Wilberg: Judicial Review of Administrative Reasoning Processes 42: Paul Craig: Legality: Six Views of the Cathedral 43: Paul Daly: Facticity: Judicial Review of Factual Error in Comparative Perspective 44: Jud Mathews: Reasonableness and Proportionality 45: Jane Reichel: Openness and Transparency 46: Francesca Bignami: Material Liberty and the Administrative State: Market and Social Rights in American and German Law PART VIII: Developing the Field 47: Yoav Dotan: The Common Real-Life Reference Point Methodology; or: