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The Oxford Handbook of Comparative Administrative Law

Edited by Peter Cane, Herwig C H Hofmann, Eric C Ip, and Peter L Lindseth

Covers comparative administrative law from its beginnings in various legal traditions through to the future development of the discipline
Grants invaluable insight into research and methodology in comparative public and comparative administrative law
Presents historical and systemic contexts for in-depth comparative studies
Provides a broad and systematic view of the subject both in terms of the topics covered and the legal traditions surveyed

The Oxford Handbook of Comparative Administrative Law

Edited by Peter Cane, Herwig C H Hofmann, Eric C Ip, and Peter L Lindseth

Description

The comparative study of administrative law has a long history dating back more than 200 years. It has enjoyed a renaissance in the past 15 years or so and now sits alongside fields such as comparative constitutional law and global administrative law as a well-established area of scholarly research. This book is the first to provide a broad and systematic view of the subject both in terms of the topics covered and the legal traditions surveyed. In its various parts it surveys the historical beginnings of comparative administrative law scholarship, discusses important methodological issues, examines the relationship between administrative law and regime type, analyses basic concepts such as 'administrative power' and 'accountability', and deals with the creation, functions, and control of administrative power, and values of administration. The final part looks to the future of this young sub-discipline.

In this volume, distinguished experts and leaders in the field discuss a wide range of issues in administrative law from a comparative perspective. Administrative law is concerned with the conferral, nature, exercise, and legal control of administrative (or 'executive') governmental power. It has close links with other areas of 'public law', notably constitutional law and international law. It is of great interest and importance not only to lawyers but also to students of politics, government, and public policy. Studying public law comparatively helps to identify both similarities and differences between the way government power and its control is managed in different countries and legal traditions.

The Oxford Handbook of Comparative Administrative Law

Edited by Peter Cane, Herwig C H Hofmann, Eric C Ip, and Peter L Lindseth

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

The Oxford Handbook of Comparative Administrative Law

Edited by Peter Cane, Herwig C H Hofmann, Eric C Ip, and Peter L Lindseth

Author Information

Edited by Peter Cane, Senior Research Fellow, Christ's College Cambridge, Herwig C H Hofmann, Professor of European and Transnational Public Law, University of Luxembourg, Eric C Ip, Associate Professor of Law, The University of Hong Kong, and Peter L Lindseth, Olimpiad S. Ioffe Professor of International and Comparative Law, University of Connecticut School of Law

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.

Contributors:

Sofia Amaral-Garcia
Michael Asimow
Jean-Bernard Auby
Javier Barnes
Anthony M Bertelli
Sarah Biddulph
Francesca Bignami
Gabriel Bocksang Hola
Sophie Boyron
Kieran Bradley
Alex Brenninkmeijer
Giacinto della Cananea
Peter Cane
Fiona Cece
Albert HY Chen
Edoardo Chiti
Paul Craig
Marco D'Alberti
Paul Daly
Laura A Dickinson
Yoav Dotan
Duncan Fairgrieve
Michèle Finck
Elizabeth Fisher
Nuno Garoupa
Ian Harden
Herwig C H Hofmann
Cheng-Yi HUANG
Eric C Ip
Laura Frederika Lalikova
Stefanie Lindquist
Peter L Lindseth
Chibli Mallat
Jud Mathews
Joana Mendes
Gillian E. Metzger
Jean-Louis Mestre
Giulio Napolitano
Mariana Mota Prado
Athanasios Psygkas
Victor V Ramraj
Jane Reichel
Susan Rose-Ackerman
Matthias Ruffert
Colin Scott
David M Searle
Dylan Siry
Karl-Peter Sommermann
Bernardo Sordi
Indra Spiecker Genannt Doehmann
Kevin M Stack
Peter Strauss
Li-ann Thio
Hanna Wilberg
Po Jen YAP
Jacques Ziller