Administrative rulemaking and planning is an under-studied and under-theorized area of public law. To better understand how administrative functions and powers are discharged by public authorities and private bodies, this seventh volume in the Common Core of European Administrative Law series argues that we must consider all forms of administrative action, not just formal procedures and judicial review. As such, greater attention needs to be paid to administrative rulemaking and planning, which have a significant impact on economics and society.
Through extensive comparative research, this book examines this increasingly important field of administrative law. It focuses mainly on Europe, analysing ten national systems including eight European Union member states, Norway, and the UK, but it also explores the legal systems of the United States and China, as well as that of a non-state entity - the European Union itself.
The questions investigated across these systems include whether administrative agencies may fetter their discretion through policy and rules, whether their rules must be published, and what remedies are available when plans adversely impact individual rights. These questions are examined through a factual analysis based on a set of ten hypothetical cases, which are discussed by national experts.
This comparative approach identifies commonalities and differences between legal systems, such as in consultation and transparency, in the rights of public service users, and in legal remedies to address rules and plans. As in other volumes in the series, both similarity and difference are essential to understanding how a 'common core' is shaped and evolves.
