Comparative Administrative Law

Edited by Susan Rose-Ackerman, Henry R. Luce Professor Emeritus of Law and Political Science, Yale University, US and Peter L. Lindseth, Olimpiad S. Ioffe Professor of International and Comparative Law, University of Connecticut School of Law, US

• Contents:Comparative Administrative Law: An IntroductionSusan Rose-Ackerman and Peter L. LindsethPART I: HISTORICAL PERSPECTIVES1. Révolution, Rechtsstaat and the Rule of Law: Historical Reflections on the Emergence of Administrative Law in EuropeBernardo Sordi 2. Explaining Administrative Law: Reflections on Federal Administrative Law in Nineteenth Century AmericaJerry L. Mashaw 3. Testing Weber: Compensation for Public Services, Bureaucratization, and the Development of Positive Law in the United StatesNicholas Parrillo 4. Administrative Law and the Public Regulation of Markets in a Global AgeMarco D’Alberti 5. Administrative Law in East Asia: A Comparative-Historical AnalysisJohn Ohnesorge 6. Administrative State Socialism and its Constitutional Aftermath Kim Lane ScheppelePART II: CONSTITUTIONAL STRUCTURE AND ADMINISTRATIVE LAW7. Written Constitutions and the Administrative State: On the Constitutional Character of Administrative LawTom Ginsburg 8. Good-bye MontesquieuBruce Ackerman 9. Comparative Positive Political TheoryM. Elizabeth Magill and Daniel R. Ortiz10. Overseeing the Executive: Is the Legislature Reclaiming Lost Territory from the Courts?Tom Zwart 11. ‘Creatures of the State’: Regulatory Federalism, Local Immunities, and EU Waste Regulation in Comparative Perspective Fernanda G. Nicola PART III: ADMINISTRATIVE INDEPENDENCE12. The Promise of Comparative Administrative Law: A Constitutional Perspective on Independent AgenciesDaniel Halberstam13. The Puzzle of Administrative Independence and Parliamentary Democracy in the Common Law World: A Canadian Perspective Lorne Sossin14. Presidential Dominance from a Comparative Perspective: The Relationship between the Executive Branch and Regulatory Agencies in Brazil Mariana Mota Prado15. Experimenting with Independent Commissions in a New Democracy with a Civil Law Tradition: The Case of TaiwanJiunn-rong Yeh 16. Understanding Independent Accountability AgenciesJohn M. Ackerman 17. Independent Administrative Authorities in France: Structural and Procedural Change at the Intersection of Americanization, Europeanization and GallicizationDominique Custos 18. A Comparison of US and European Independent AgenciesMartin ShapiroPART IV: TRANSPARENCY, PROCEDURE, AND ADMINISTRATIVE POLICY-MAKING19. Comparing Regulatory Oversight Bodies Across the Atlantic: The Office of Information and Regulatory Affairs in the US and the Impact Assessment Board in the EUJonathan B. Wiener and Alberto Alemanno20. Towards a Third Generation of Administrative ProcedureJavier Barnes21. Participation and Expertise: Judicial Attitudes in Comparative PerspectiveCatherine Donnelly 22. Administrative Agencies as Creators of Administrative Law Norms: Evidence from the UK, France and SwedenDorit Rubinstein Reiss PART V: ADMINISTRATIVE LITIGATION AND ADMINISTRATIVE LAW23. The Origins of American-style Judicial ReviewThomas W. Merrill24. The Powers and Duties of the French Administrative JudgeJean Massot25. Judicial Review and Merits Review: Comparing Administrative Adjudication by Courts and TribunalsPeter Cane26. Judicial Review of Questions of Law: A Comparative PerspectivePaul Craig27. Judicial Deference to Legislative Delegation and Administrative Discretion in New Democracies: Recent Evidence from Poland, Taiwan, and South AfricaCheng-Yi Huang 28. Where Too Little Judicial Deference Can Impair the Administrative Process: The Case of UkraineHoward N. Fenton PART VI: ADMINISTRATIVE LAW AND THE BOUNDARIES OF THE STATEA. The Boundary between Public and Private29. Three Questions of PrivatizationDaphne Barak-Erez30. Contracting Out and ‘Public Values’: A Theoretical and Comparative ApproachJean-Bernard Auby 31. Organizational Structure, Institutional Culture and Norm Compliance in an Era of Privatization: The Case of US Military ContractorsLaura A. Dickinson32. Financial Crisis and Bailout: Legal Challenges and International Lessons from Mexico, Korea and the United StatesIrma E. Sandoval 33. The Role of the State in (and after) the Financial Crisis: New Challenges for Administrative LawGiulio Napolitano B. Administration Beyond the State: The Case of the European Union34. A Restatement of European Administrative Law: Problems and ProspectsGeorge A. Bermann35. Adversarial Legalism and Administrative Law in the European UnionR. Daniel Kelemen 36. Supranational Governance and Networked Accountability Structures: Member State Oversight of EU AgenciesJohannes Saurer 37. Individual Rights and Transnational NetworksFrancesca Bignami Index