Full Description
Though European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. This book offers an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a 'common core', Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making.
Contents
Preface
1 The Development of Administrative Law: Fact and Theory
1 Two Visions of Administrative Law
2 Public Administration without Administrative Law
3 Administrative Law as a Defining Aspect of the New State of the World
4 The Transformation of Administrative Law
5 A New Comparative Inquiry
6 Limits to the Inquiry
7 Structure of the Inquiry
Part 1
A Diachronic Comparison
2 Judicial Review of Administration: Institutional Design
1 England and France: Ideal-types and Prototypes
2 The Reception of the English Prototype: Belgium and Italy
3 The Reception of the French Prototype: Italy and Belgium
4 The Austro-German Prototype
5 French Systematics in Germany
6 German Systematics in Italy
7 Beyond the State: Judicial Remedies in the European Communities
3 The Judicial Construction of General Principles (1890-1910)
1 An Empirical Analysis
2 Administrative Litigation: Similar Problems
3 Devising Solutions: Legality and Procedural Fairness
4 Devising Solutions: Government Liability
5 The Role of Judge-Made Law and the Place of Legal Theory
6 The Emergence of Common Principles
4 Sowing the Future: Austrian Administrative Procedure Legislation
1 Early Views on the Codification of Administrative Procedure
2 The Austrian Turn: Background
3 The Austrian Turn: Principles
4 An Area of Agreement between Legal Systems
5 A Case of Diffusion
6 The Wider Reach of Austrian Ideas
5 The Development of Administrative Procedure Legislation
1 Moving towards Administrative Procedure Legislation
2 Socialist Legal Systems and the Austrian Legacy
3 Spanish Legislation and Its Diffusion in Latin America
4 The Scandinavian Standard of Fair Procedure
5 Types of States and Administrative Procedure Legislation
Part 2
A Synchronic Comparison
6 Commonality and Diversity in Administrative Procedure Legislation
1 The Diversity of Constitutional Foundations
2 The Heterogeneity of Administrative Procedure Legislation
3 An Area of Agreement: Administrative Adjudication
4 The Closest Things to Invariants: Hearings
5 The Closest Things to Invariants: Giving Reasons
6 Diversity: Rulemaking
7 A Factual Analysis: Adjudication
1 Hypothetical Cases
2 Freedom from Bias
3 The Unfair Dismissal of a Civil Servant
4 A License Revocation Inaudita Altera Parte
5 Administrative Detention without Reasons
6 Consultation: The Role of Experts
7 An Area of Agreement
8 A Factual Analysis: Rulemaking
1 Variety of Administrative Rules
2 Standardless Discretion?
3 Consultation before Policy Change
4 Partially Unpublished Rules
5 An Unexpected Area of Agreement
9 Governmental Wrongdoing
1 A Worst-Case Scenario
2 Further Consequences of Procedural Unfairness in Adjudication
3 Contracts: The Unlawful Exclusion of a Tenderer
4 The Violent Police Officer
5 Conclusion
Part 3
Commonality and Diversity: An Evolving Relationship
10 Explaining Diversity
1 The Causes of Commonality and Diversity
2 Context Matters: History
3 Context Matters: Mentalités in Public Law
4 Policy Considerations and Change
5 Diverging Traditions: Rules and Legal Formants
6 The Legal Relevance of National Traditions
11 Explaining Commonality
1 The Legacy of ius commune: A Qualified View
2 The 'Nature of Things'
3 Legal Transplants: Authority, Prestige, and Quality
4 General Principles
5 Legal Harmonization
6 Institutional Isomorphism
7 The Growing Impact of Common Standards
12 The 'Common Core' of Administrative Laws: Concept, Nature, and Extent
1 Factual Analysis and Theory Development
2 The Common Core: An Overview of the Argument to Come
3 The Common Core: Concept and Issues
4 A Dynamic View of the Common Core
5 The Nature of the Common Core
6 The Extent of the Common Core
7 The Variety of Uses of the Common Core
Index
