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Rose-Ackerman, Susan; Lindseth, Peter L.; Emerson, Blake --- "Introduction" [2017] ELECD 1081; in Rose-Ackerman, Susan; Lindseth, L. Peter; Emerson, Blake (eds), "Comparative Administrative Law" (Edward Elgar Publishing, 2017) 1

Book Title: Comparative Administrative Law

Editor(s): Rose-Ackerman, Susan; Lindseth, L. Peter; Emerson, Blake

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784718657

Section Title: Introduction

Author(s): Rose-Ackerman, Susan; Lindseth, Peter L.; Emerson, Blake

Number of pages: 20

Abstract/Description:

This volume, like the first edition, attempts to capture the complexity of the field of comparative administrative law while distilling certain key elements for further study. Part I concentrates on the relationship between administrative and constitutional law—uncertain, contested, and deeply essential. Part II focuses on a key aspect of government structure—administrative independence with its manifold implications for separation of powers, democratic self-government, and the boundary between law, politics, and policy. Next, Part III highlights the tensions between impartial expertise and public accountability, especially when the executive and independent agencies make general policies. Part IV discusses administrative litigation and the role of the courts in reviewing both individual decisions and secondary norms (‘rules’ in US parlance). Part V considers how administrative law is shaping and is being shaped by the changing boundaries of the state. Part V.A considers the shifting boundary between the public and the private sectors, and part V.B concentrates explicitly on the European Union and its complex relationship with the Member States.