Full Description
This thoroughly revised third edition of Comparative Administrative Law builds on the legacy of the first two editions, providing a redefined and reinvigorated analysis of pressing issues through original chapters, a renewed group of contributors and a broader geographic scope, with particular emphasis on the Global South.
Leading scholars offer novel perspectives, investigating the intersecting differences between common law and civil law, including cultural traditions and political systems. Most chapters provide comparative analyses of administrative law across at least two legal orders, while others explore comparative law themes and issues within a single jurisdiction. The result of this combination is a rich and detailed description of legal doctrines, institutional arrangements and practices across multiple jurisdictions. Furthermore, key topics such as the plural legacies of decolonization in administrative law, the relationship of administrative law to constitutional politics, and the challenge of legality in administrative governance beyond the state are also covered.
Scholars and students of comparative public law, international economic law, as well as law and development will benefit from this book's insights. It is also a valuable resource for judges, lawyers, policymakers, regional integration bodies, and NGOs interested in comparative and legal perspectives on regulation, governance, and public bureaucracies.
Contents
Contents
Foreword vii
Introduction 1
PART I PLURAL LEGACIES OF DECOLONIZATION IN ADMINISTRATIVE LAW
1 Transnational regulation, TWAIL, and the rise of the Global South 18
Victor V. Ramraj and Ngozi S. Nwoko
2 Vernacularizing administrative law in Commonwealth African jurisdictions 35
Geo Quinot
3 The hybridization of administrative law: exploring the Caribbean Court of
Justices' 'chiastic' jurisprudence 52
Justice Peter Jamadar
4 The diffusion of the public trust doctrine in South Asia: environmental
constitutionalism or beyond? 70
Dinesha Samararatne and Tavini Nanayakkara
PART II ADMINISTRATIVE LAW AND CONSTITUTIONAL POLITICS
5 When the administrative state encounters the Constitution 91
Athanasios (Akis) Psygkas
6 Democratic legitimacy of regulation-making in the UK and Australia: the
impact of semi-parliamentarism 111
Andrew Edgar
7 Engaging democracy: A procedural route to democratic accountability through
Indigenous rights in Canada and economic and social rights in South
Africa 128
Richard Stacey
8 Politics by Other Means: Judicial Review of Administrative Action in France
and the USA 147
Cyrille Beaufils and Noah A. Rosenblum
9 The major questions doctrines: a case study on the domestic 'possibilities' of
comparative administrative law 165
Oren Tamir
PART III ACCOUNTABILITY AND THE EVOLVING STRUCTURES AND
FUNCTIONING OF ADMINISTRATIVE GOVERNANCE
10 Administrative justice and outsourced service-delivery 185
Janina Boughey
11 Reorganizing review of administrative adjudication in the welfare state 205
Andrew Hammond
12 Towards a process-oriented review of decisions under conditions of scientific
uncertainty: case studies of Japan and China 217
Yun Ma and Narufumi Kadomatsu
13 Exploring the uncharted world of audit institutions 236
Eugenio García-Huidobro
14 Ombuds and maladministration: the case of Indonesia and the Netherlands 256
Susi Dwi Harijanti and Richo Andi Wibowo
15 The use of comparative law by the French Conseil d'Etat: a testimony of the
15 years of its Comparative Law Unit 273
Eduardo Jordão
PART IV ADMINISTRATIVE GOVERNANCE BEYOND THE STATE, REVISITED
16 International cconomic law and comparative administrative law 289
Georgios Dimitropoulos
17 The many faces of 'good administration' in European integration: the
European Union and Council of Europe in comparative perspective 308
Yseult Marique and Ulrich Stelkens
18 Conditional spending as an instrument of Government 325
Cristina Fasone and Marta Simoncini
19 Funding as a tool in administrative law: EU structural funds as a case study 343
Leticia Díez Sánchez, Mariolina EliantonioEmilia Korkea-aho
20 Emergency governance based on Art. 122 TFEU: the end of EU
Constitutionalism? 362
Matthias Ruffert
