Though European administrative laws have gained global significance in the last few decades, research which provides both theoretical analysis and original empirical research has been scarce. This book offers an important account of the evolution of judicial review and administrative procedure legislation, using a factual analysis to shed light on how the different legal systems react to similar problems. Discussing the concept of a ‘common core’, Giacinto della Cananea reveals the commonalities in, and differences between, the foundational assumptions of European administrative adjudication and rule-making.
Giacinto della Cananea, Ph.D. EUI (1965), Bocconi University, is Professor of Administrative Law at that university. He has published various monographs, including Due Process of Law Beyond the State (2016), and several edited books and articles. He is the editor, with Mauro Bussani, of the series Comparative Law in Global Perspective (Brill).
Preface
1The Development of Administrative Law: Fact and Theory
1 Two Visions of Administrative Law
2 Public Administration without Administrative Law
3 Administrative Law as a Defining Aspect of the New State of the World
4 The Transformation of Administrative Law
5 A New Comparative Inquiry
6 Limits to the Inquiry
7 Structure of the Inquiry
Part 1 A Diachronic Comparison 2Judicial Review of Administration: Institutional Design
1 England and France: Ideal-types and Prototypes
2 The Reception of the English Prototype: Belgium and Italy
3 The Reception of the French Prototype: Italy and Belgium
4 The Austro-German Prototype
5 French Systematics in Germany
6 German Systematics in Italy
7 Beyond the State: Judicial Remedies in the European Communities
3The Judicial Construction of General Principles (1890–1910)
1 An Empirical Analysis
2 Administrative Litigation: Similar Problems
3 Devising Solutions: Legality and Procedural Fairness
4 Devising Solutions: Government Liability
5 The Role of Judge-Made Law and the Place of Legal Theory
6 The Emergence of Common Principles
4Sowing the Future: Austrian Administrative Procedure Legislation
1 Early Views on the Codification of Administrative Procedure
2 The Austrian Turn: Background
3 The Austrian Turn: Principles
4 An Area of Agreement between Legal Systems
5 A Case of Diffusion
6 The Wider Reach of Austrian Ideas
5The Development of Administrative Procedure Legislation
1 Moving towards Administrative Procedure Legislation
2 Socialist Legal Systems and the Austrian Legacy
3 Spanish Legislation and Its Diffusion in Latin America
4 The Scandinavian Standard of Fair Procedure
5 Types of States and Administrative Procedure Legislation
Part 2 A Synchronic Comparison 6Commonality and Diversity in Administrative Procedure Legislation
1 The Diversity of Constitutional Foundations
2 The Heterogeneity of Administrative Procedure Legislation
3 An Area of Agreement: Administrative Adjudication
4 The Closest Things to Invariants: Hearings
5 The Closest Things to Invariants: Giving Reasons