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Codification of Administrative Law: A Comparative Study on the Legal Basis of Administrative Law

Edited by: Felix Uhlmann

ISBN13: 9781509954926
Published: July 2023
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £100.00



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This open access book presents the first comparative study on the legal sources of administrative law. Every modern legal order needs a set of general rules to apply and enforce administrative law; the rules impose principles of action, of procedure, and of organisation of the authorities. The legal basis of these rules may be quite diverse. Some countries have tried to codify administrative law, whilst others work with few rules or unwritten rules.

The book considers the consequences that arise from the different degrees of codification of general administrative law. It presents answers to important questions including:

  • Does codification increase predictability and legal certainty?
  • Does codification lead to a 'petrification' of administrative law?
  • To what degree does the constitution shape administrative law?
  • Which areas of administrative law are suitable for codification, which are not, and why not?

The book answers these questions by presenting 13 country reports, covering both civil and common law traditions, a chapter on the EU, and a comparative analysis.

Subjects:
Constitutional and Administrative Law, Comparative Law
Contents:
1. Introduction
Felix Uhlmann (University of Zurich, Switzerland)
Part I - Country Reports
2. Codification of Administrative Law in the Netherlands
Tom Barkhuysen (Leiden University, the Netherlands)
3. Codification of Administrative Law in France
Delphine Costa (Aix-Marseille University, France)
4. Codification of Administrative Law in Belgium
Stéphanie de Somer (University of Antwerp, Belgium)
5. Codification of Administrative Law in Italy
Roberto Caranta (University of Turin, Italy)
6. Codification of Administrative Law in Norway
Jon Christian Fløysvik Nordrum (University of Oslo, Norway)
7. Codification of Administrative Law in Sweden
Jane Reichel and Michaela Ribbing (both at Stockholm University, Sweden)
8. Codification of Administrative Law in the United Kingdom
Sarah Nason (Bangor University, UK)
9. Codification of Administrative Law in the USA
Edward L Rubin (Vanderbilt Law School, USA)
10. Codification of Administrative Law in Australia
Janina Boughey (University of New South Wales, Australia)
11. Codification of Administrative Law in Canada
Pierre Issalys (Université Laval, Canada)
12. Codification of Administrative Law in Austria
Konrad Lachmayer (Sigmund Freud University, Austria)
13. Codification of Administrative Law in Switzerland
Felix Uhlmann (University of Zurich, Switzerland)
14. Codification of Administrative Law in Germany
Markus Heintzen (Freie Universität Berlin, Germany)
15. Codification of Administrative Law in the European Union
Author TBC
Part II - Comparative Analysis
Felix Uhlmann (University of Zurich, Switzerland)
16. Introduction
17. What is "General" in General Administrative Law?
a) General Administrative Law and Specific Legislation
b) Typical Areas of General Administrative Law
18. Forms of Codification
a) Codes
b) Legislation by Parliament (Primary Legislation)
c) Secondary Legislation
19. Other Sources of Administrative Law
a) Constitutional Principles
b) Human Rights
c) Common Law and Tradition
d) Analogy (from Private Law and from Specific Legislation)
e) Administrative Practice
f) Legal Doctrine
20. Effects of Codification
a) Predictability and Legal Certainty (or the Illusion of Completeness)
b) Less Flexibility – Petrification
c) Legitimacy
d) Contradiction and Conflicts
e) Uniformity
f) Banality
21. Institutional Aspects
a) Legislator and Courts
b) Legislator and Administrative Tribunals
c) Legislator and Administrative Agencies
22. Summary and Recommendations