<i>‘While Administrative Law has long been recognised as an important area of the law domestically, its comparative and international aspects have received less attention. An important exception to this trend are the first two editions of this work which brought together the scholarship of scholars from multiple jurisdictions and put them in conversation with each other. This third edition, appearing in print a decade and a half after the first edition, takes that project forward by incorporating – as the subtitle indicates – “new voices and new perspectives.” The twenty chapters that constitute this volume deepen the comparative analysis in earlier editions – the chapter on the public trust doctrine in South Asia, for instance, alone covers the law in six nations. The geographical spread of the volume has consciously been widened. Chapters that focus on the experience of administrative law in the six Caribbean nations or those that analyse developments in Bhutan and Nepal sit alongside those of more traditional jurisdictions such as the US, Canada, Australia, the EU and its constituent nation-states. Several chapters push the boundaries of existing administrative law by focusing on the concept of accountability in its varied manifestations. A significant number of chapters analyse the concept of administrative governance beyond the nation state, alerting scholars in the field to dimensions that have been understudied. The volume as a whole provides much stimulation to students of administrative law – old and new – and will quickly become a standard reference text.’</i>

- Arun Thiruvengadam, National Law School, Bangalore, India,

<i>‘This book impeccably combines the broad scope of the jurisdictions considered with the depth and rigour of the comparative analysis.’</i>

- Marco d'Alberti, Italian jurist, Justice of the Constitutional Court of Italy,

This thoroughly revised third edition of Comparative Administrative Law builds on the legacy of the first two editions, providing a redefined and reinvigorated analysis of pressing issues through original chapters, a renewed group of contributors and a broader geographic scope, with particular emphasis on the Global South.



Leading scholars offer novel perspectives, investigating the intersecting differences between common law and civil law, including cultural traditions and political systems. Most chapters provide comparative analyses of administrative law across at least two legal orders, while others explore comparative law themes and issues within a single jurisdiction. The result of this combination is a rich and detailed description of legal doctrines, institutional arrangements and practices across multiple jurisdictions. Furthermore, key topics such as the plural legacies of decolonization in administrative law, the relationship of administrative law to constitutional politics, and the challenge of legality in administrative governance beyond the state are also covered.



Scholars and students of comparative public law, international economic law, as well as law and development will benefit from this book’s insights. It is also a valuable resource for judges, lawyers, policymakers, regional integration bodies, and NGOs interested in comparative and legal perspectives on regulation, governance, and public bureaucracies.

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This thoroughly revised third edition of Comparative Administrative Law builds on the legacy of the first two editions, providing a redefined and reinvigorated analysis of pressing issues on the topic through original chapters, a renewed group of contributors and a broader geographic scope, with particular emphasis on the Global South.
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Contents Foreword vii Introduction 1 PART I PLURAL LEGACIES OF DECOLONIZATION IN ADMINISTRATIVE LAW 1 Transnational regulation, TWAIL, and the rise of the Global South 18 Victor V. Ramraj and Ngozi S. Nwoko 2 Vernacularizing administrative law in Commonwealth African jurisdictions 35 Geo Quinot 3 The hybridization of administrative law: exploring the Caribbean Court of Justices’ ‘chiastic’ jurisprudence 52 Justice Peter Jamadar 4 The diffusion of the public trust doctrine in South Asia: environmental constitutionalism or beyond? 70 Dinesha Samararatne and Tavini Nanayakkara PART II ADMINISTRATIVE LAW AND CONSTITUTIONAL POLITICS 5 When the administrative state encounters the Constitution 91 Athanasios (Akis) Psygkas 6 Democratic legitimacy of regulation-making in the UK and Australia: the impact of semi-parliamentarism 111 Andrew Edgar 7 Engaging democracy: A procedural route to democratic accountability through Indigenous rights in Canada and economic and social rights in South Africa 128 Richard Stacey 8 Politics by Other Means: Judicial Review of Administrative Action in France and the USA 147 Cyrille Beaufils and Noah A. Rosenblum 9 The major questions doctrines: a case study on the domestic ‘possibilities’ of comparative administrative law 165 Oren Tamir PART III ACCOUNTABILITY AND THE EVOLVING STRUCTURES AND FUNCTIONING OF ADMINISTRATIVE GOVERNANCE 10 Administrative justice and outsourced service-delivery 185 Janina Boughey 11 Reorganizing review of administrative adjudication in the welfare state 205 Andrew Hammond 12 Towards a process-oriented review of decisions under conditions of scientific uncertainty: case studies of Japan and China 217 Yun Ma and Narufumi Kadomatsu 13 Exploring the uncharted world of audit institutions 236 Eugenio García-Huidobro 14 Ombuds and maladministration: the case of Indonesia and the Netherlands 256 Susi Dwi Harijanti and Richo Andi Wibowo 15 The use of comparative law by the French Conseil d’Etat: a testimony of the 15 years of its Comparative Law Unit 273 Eduardo Jordão PART IV ADMINISTRATIVE GOVERNANCE BEYOND THE STATE, REVISITED 16 International cconomic law and comparative administrative law 289 Georgios Dimitropoulos 17 The many faces of ‘good administration’ in European integration: the European Union and Council of Europe in comparative perspective 308 Yseult Marique and Ulrich Stelkens 18 Conditional spending as an instrument of Government 325 Cristina Fasone and Marta Simoncini 19 Funding as a tool in administrative law: EU structural funds as a case study 343 Leticia Díez Sánchez, Mariolina EliantonioEmilia Korkea-aho 20 Emergency governance based on Art. 122 TFEU: the end of EU Constitutionalism? 362 Matthias Ruffert
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Produktdetaljer

ISBN
9781035316526
Publisert
2026-02-20
Utgave
3. utgave
Utgiver
Edward Elgar Publishing Ltd
Høyde
244 mm
Bredde
169 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
398

Biografisk notat

Edited by Peter L. Lindseth, Olimpiad S. Ioffe Professor of International and Comparative Law, University of Connecticut School of Law, USA, Mariana Mota Prado, Professor of Law, University of Toronto, Canada, Blake Emerson, Professor of Law, UCLA School of Law, USA, Farrah Ahmed, Professor of Law, The University of Melbourne, Australia and Megan Pfiffer, doctoral candidate, Faculty of Law, University of Toronto, Canada