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The Common Core of European Administrative Laws: Retrospective and Prospective: Comparative Law in Global Perspective, cartea 4

Autor Giacinto della Cananea
en Limba Engleză Hardback – 25 iul 2023
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.
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Specificații

ISBN-13: 9789004549562
ISBN-10: 9004549560
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Comparative Law in Global Perspective


Notă biografică

Giacinto della Cananea, Ph.D. EUI (1965), Bocconi University, is Professor of Administrative Law at that university. He has published various monographs, including Due Process of Law Beyond the State (2016), and several edited books and articles. He is the editor, with Mauro Bussani, of the series Comparative Law in Global Perspective (Brill).

Cuprins

Preface

1The 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
2Judicial 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


3The 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


4Sowing 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


5The 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
6Commonality 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


7A 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


8A 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


9Governmental 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
10Explaining 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


11Explaining 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


12The ‘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