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Accountability  

Athanasios Psygkas

Print publication date:
Dec 2020
Online publication date:
Dec 2020
Key debates in administrative law often play out within the contours of ‘accountability’. This chapter suggests that the concept of accountability is normatively and analytically useful in ... More

Administrative Law and Democracy  

Susan Rose-Ackerman

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter focuses on important debates at the intersection of regulatory law, constitutional structure, technical competence, and public participation. It concentrates on the ... More

Administrative Law Beyond the State: The Influence of International and Supranational Organizations  

Giacinto della Cananea

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter focuses on the changing relationship between administrative law and the nation-state. The starting point is, simply, that the nation-state now operates in an increasingly ... More

Administrative Law Values and National Security Functions: Military Detention in the United States and the United Kingdom  

Laura A. Dickinson

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter focuses on the case of extraterritorial military detention by the US and the UK—two countries that quickly deployed and then repeatedly refined their detention policies during ... More

Administrative Power  

Sarah Biddulph

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter compares the respective roles of administrative institutions and administrative power on the one hand, and other governmental institutions and powers on the other, in dealing ... More

Administrative Procedure  

Javier Barnes

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter concerns administrative procedure—the rules governing the process of decision-making. ‘Administrative procedure’ ultimately refers to a how governmental organizations actually ... More

Affirmative Action  

Daniel Sabbagh

Print publication date:
May 2012
Online publication date:
Nov 2012
This article begins with a discussion of the constitutionalization of affirmative action and its side effects. It examines the legal underpinnings of affirmative action in two relatively ... More

An Anglo-American Tradition  

Peter Cane

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter explores the idea of a ‘tradition’ of comparative administrative law (CAL) in the trans-Atlantic Anglosphere. It first deals with a period from the early eighteenth to the late ... More

Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association)  

Ulrich K. Preuß

Print publication date:
May 2012
Online publication date:
Nov 2012
Associative rights cover those constitutional guarantees which deal with the joint actions of individuals. The promise of associative rights to individuals is the most effective means of ... More

Asymmetric Federalism  

Louise Tillin

Print publication date:
Mar 2016
Online publication date:
Feb 2017
This chapter examines the legal status and consequences of the asymmetrically federal provisions included in the Indian Constitution. In particular, it considers constitutional amendments ... More

Authoritarian Regimes  

Po Jen Yap

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter examines authoritarian regimes in relation to the configuration of political power/parties that is central to how autocracy is practised and sustained within the respective ... More

Automated Decision-Making and Administrative Law  

Michèle Finck

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter examines the uses of automated decision-making (ADM) systems in administrative settings. First, it introduces the current enthusiasm surrounding computational intelligence ... More

B. Comparative Constitutional Analysis in United States Adjudication and Scholarship  

Michel Rosenfeld

Print publication date:
May 2012
Online publication date:
Nov 2012
This article presents an analysis of comparative constitutional law. This study deals with United States adjudication and scholarship. It discusses the current American controversy over citations to ... More

Bioethics and Basic Rights: Persons, Humans, and Boundaries of Life  

Judit Sándor

Print publication date:
May 2012
Online publication date:
Nov 2012
This article explores the connections between bioethics and basic rights partly by analyzing the basic legal norms of bioethics, and partly by comparing thematic cases from the ... More

Carving Out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism  

Peer Zumbansen

Print publication date:
May 2012
Online publication date:
Nov 2012
This article outlines and assesses the role of ‘typologies’ in comparative constitutional thought. It discusses the transnational context of comparative constitutionalism, constitutionalism ... More

The Chinese Tradition  

Albert H. Y. Chen

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter discusses comparative administrative law (CAL) in China. It begins with the introduction and reception of Japanese administrative law in China in the late Qing Dynasty. The ... More

Citizenship  

Ayelet Shachar

Print publication date:
May 2012
Online publication date:
Nov 2012
This article highlights the trials and tribulations of citizenship in a world of increasing mobility and diversity. The discussion is divided into three parts. Section I provides a concise ... More

The Common Real-Life Reference Point Methodology—Or: ‘The Mcdonald’s Index’ for Comparative Administrative Law and Regulation  

Yoav Dotan

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter reviews the conceptual and methodological difficulties in the field of comparative administrative law. It seeks to present a new and different conceptual and practical tool for ... More

Comparative Administrative Law: The View from Political Science  

Stefanie A. Lindquist and David M. Searle

Print publication date:
Dec 2020
Online publication date:
Dec 2020
This chapter concerns positive political theory (PPT) within the context of comparative administrative law. In general, PPT posits that governmental actors—whether elected or appointed—have ... More

Comparative Administrative Law  

John S. Bell

Print publication date:
Mar 2019
Online publication date:
May 2019
Comparative administrative law is a long-standing discipline. The study of other administrative law systems both in order to understand one’s own system better and to find models for ... More

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