Full Description
This open access book presents the first comparative study on the legal sources of administrative law. Every modern legal order needs a set of general rules to apply and enforce administrative law; the rules impose principles of action, of procedure, and of organisation of the authorities. The legal basis of these rules may be quite diverse. Some countries have tried to codify administrative law, whilst others work with few rules or unwritten rules.
The book considers the consequences that arise from the different degrees of codification of general administrative law. It presents answers to important questions including:
Does codification increase predictability and legal certainty?
Does codification lead to a 'petrification' of administrative law?
To what degree does the constitution shape administrative law?
Which areas of administrative law are suitable for codification, which are not, and why not?
The book answers these questions by presenting 13 country reports, covering both civil and common law traditions, a chapter on the EU, and a comparative analysis.
The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com.
Contents
Introduction
1. The 'Codification' of Administrative Law in Australia, Janina Boughey (University of New South Wales, Australia)
2. Codification of Administrative Law in Austria, Konrad Lachmayer (Sigmund Freud University, Austria)
3. Codification of Belgian Administrative Law 'Nothing is Written, Stéphanie De Somer (University of Antwerp, Belgium) and Ingrid Opdebeek (University of Antwerp, Belgium)
4. A Persistent Taste for Diversity: Codification of Administrative Law in Canada, Pierre Issalys (Laval University, Canada)
5. Codification of Administrative Law: A French Oxymoron, Delphine Costa (Aix Marseille University, France)
6. Codification of Administrative Law in Germany and the European Union, Markus Heintzen (University of Berlin, Germany)
7. Administrative Proceedings in Italy, Roberto Caranta (University of Turin, Italy)
8. Codification of Administrative Law in the Netherlands, Ymre E Schuurmans (University of Leiden, Netherlands), Tom Barkhuysen (University of Leiden, Netherlands) and Willemien den Ouden (University of Leiden, Netherlands)
9. Codification of Norwegian Administrative Law, Jon Christian Fløysvik Nordrum (University of Oslo, Norway)
10. Codification of Administrative Law in Sweden, Jane Reichel (Stockholm University, Sweden) and Michaela Ribbing (Stockholm University, Sweden)
11. Codification of Administrative Law in Switzerland, Felix Uhlmann (University of Zurich, Switzerland)
12. Codification of Administrative Law in the United Kingdom: Beyond the Common Law, Sarah Nason (Bangor University, United Kingdom)
13. The United States: Systematic but Incomplete Codification, Edward L Rubin (Vanderbilt University, United States of America)
14. Science Codification for the European Union: The ReNEUAL-Network: On the Limits of Legal Control of Innovation and Technology, Ariane Berger (University of Berlin, Germany)
15. Comparative Analysis, Felix Uhlmann (University of Zurich, Switzerland)
