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Author : Eric C. Ip
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 27,3 MB
Release : 2020-10-30
Category : Law
ISBN : 1788110242
Drawing insights from economics and political science, Judging Regulators explains why the administrative law of the US and the UK has radically diverged from each other on questions of law, fact, and discretion.
Author : Eric C. Ip
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 29,52 MB
Release : 2020-10-30
Category :
ISBN : 9781788110235
Drawing insights from economics and political science, Judging Regulators demonstrates how the administrative law of both the US and the UK has been polarized along a spectrum of effective 'veto-gates' since the mid-20th century. The author systematically compares and contrasts administrative law in the US and the UK, proposing an original interdisciplinary theory that integrates the concept of veto-gates into a strategic model of judicial review of administrative action. He explains the current divergence in administrative common law between both sides of the Atlantic, forecasting their future in light of recent destabilizing political developments, such as the attempts by US Congress to abolish Chevron deference and the UK Supreme Court's interventionist decision in R (on the application of Miller) v. The Prime Minister, contrary to the long-standing Wednesbury unreasonableness standard. Applying his Veto-gate Theory of Administrative Common Law, Ip theorizes how long-term changes in the polities' number of veto-gates is key to understanding why an antithesis emerged between these two flagships of the common law world. A crucial overview of the history and future of administrative law, this book is critical reading for scholars and researchers of public law and comparative law, particularly those focusing on comparative administrative law in common law contexts. Its theoretical insights will also be useful to political scientists and economists interested in judicial politics and regulation.
Author : Henrique Schneider
Publisher : Edward Elgar Publishing
Page : 151 pages
File Size : 15,46 MB
Release : 2017-01-27
Category : Business enterprises
ISBN : 1786433435
While creative destruction and disruptive innovation change the entrepreneurial landscape; regulation – especially regulation of sectorial markets and competition regulation – can delay this change or even bring it to a halt. Uber plays an active role between these two forces: first as an agent of creative destruction and then possibly in championing regulation on its own terms. Grounded in a particular understanding of the economic concept of the market as a series of processes, this book explores the implications of creative destruction, competition regulation and the role that businesses play. Instead of discussing these relations in a purely abstract manner, this book uses Uber as a case study.
Author : Eric C. Ip
Publisher : Springer Nature
Page : 78 pages
File Size : 20,62 MB
Release : 2022-10-20
Category : Law
ISBN : 9811932301
This book provides an accessible introduction to the emerging field of behavioral public choice economics and the law. This field studies how public officials, lawmakers, and judges fall prey to their own biases and heuristics, and how constitutions and judicial doctrines can be structured to mitigate these cognitive shortcomings. Written lucidly in plain language, this book is invaluable to all students, scholars, and general readers interested in behavioral economics, law and economics, and political economy.
Author : Paula Santos
Publisher : EconSciences
Page : 213 pages
File Size : 13,29 MB
Release : 2024-01-01
Category : Business & Economics
ISBN : 6256861833
This book delves into the intricate relationship between legislative power, and public policy efficiency, exploring their impact on the formulation and implementation of public policies in Brazil. The book adopts a mixed-method approach, combining descriptive statistics and qualitative content analysis, to shed light on this less-explored aspect of legislative functioning, investigating whether the Legislative Power in Brazil uses its competence to vote on matters of a specialized nature or delegates the rule to the Executive Power. The legislative process analyzed in this thesis is one of a Provisional Measure. This process is the most appropriate because it involves both houses of Congress and begins with the Executive branch enacting the rule. Descriptive statistics show correlations between key variables, while qualitative content analysis revealed a preference for the Legislative Power to regulate matters of technical nature rather than delegating them to specialized bodies. The book's findings underscore the importance of public trust in government actions, as both the Executive and Legislative branches need to prioritize transparency, accountability, and responsiveness to maintain public confidence in the regulatory process. Policymakers must carefully assess the context and objectives of each regulatory proposal to make informed decisions about delegation that best serve the public's interests and the government's effective functioning.
Author : Kern Alexander
Publisher : Cambridge University Press
Page : 497 pages
File Size : 42,6 MB
Release : 2019-06-06
Category : Business & Economics
ISBN : 110842726X
Analyses banking regulation and recent international developments, including Basel IV, bank resolution and Brexit, and their impact on bank governance.
Author : Eva Heims
Publisher : Springer
Page : 239 pages
File Size : 36,73 MB
Release : 2018-09-29
Category : Political Science
ISBN : 3319975773
This book examines regulatory capacity beyond the nation state. It suggests that we can only understand why EU agencies are able to build EU regulatory capacity if we acknowledge that national regulators provide their expertise, staff and resources to the regulatory processes taking place in these EU bodies. This raises the puzzle of why national regulators are willing to provide ‘life support’ to potentially rival organisations. The book is devoted to answering this question in order to understand how EU regulatory capacity is created in the absence of a full supranational regulatory bureaucracy. To do so, the book studies to what extent national regulators from two countries (the UK and Germany) support EU agencies in their work across four policy sectors (drug safety, food safety, maritime safety and banking supervision). The book makes a significant contribution by developing a bureaucratic politics perspective that highlights the importance of national regulators for EU regulatory capacity building.
Author : Marc Hertogh
Publisher : Oxford University Press
Page : 745 pages
File Size : 18,10 MB
Release : 2022
Category : Law
ISBN : 0190903082
"The core animating feature of administrative justice scholarship is the desire to understand how justice is achieved through the delivery of public services and the actions, inactions, and decision-making of administrative bodies. The study of administrative justice also encompasses the redress systems by which people can challenge administrative bodies to seek the correction of injustices. For a long time now, scholars have been interested in administrative justice, but without necessarily framing their work as such. Rather than existing under the rubric of administrative justice, much of the research undertaken has existed within sub-categories of disciplines, such as law, sociology, public policy, politics, and public administration. Consequently, although aspects of the topic have attracted rich contributions across such disciplines, administrative justice has rarely been studied or taught in a manner that integrates these areas of research more systematically. This Handbook signals a major change of approach. Drawing together a group of world-leading scholars of administrative justice from a range of disciplines, The Oxford Handbook of Administrative Justice shows how administrative justice is a vibrant, complex, and contested field that is best understood as an area of inquiry in its own right, rather than through traditional disciplinary silos"--
Author : Abat i Ninet, Antoni
Publisher : Edward Elgar Publishing
Page : 192 pages
File Size : 21,95 MB
Release : 2021-11-23
Category : Law
ISBN : 1786430517
Conceptualising the new phenomenon of constitutional crowdsourcing, this incisive book examines democratic legitimacy, participation, and decision-making in constitutions and constitutionalism. It analyses how the wider population can be given a voice in constitution-making and in constitutional interpretation and control, thus promoting the exercise of original and derived constituent power.
Author : Kay, Richard S.
Publisher : Edward Elgar Publishing
Page : 256 pages
File Size : 49,34 MB
Release : 2022-06-14
Category : Law
ISBN : 1788971337
Lawyers usually describe a revolution as a change in a constitutional order not authorized by law. From this perspective, to speak of a ‘lawful’ or an ‘unlawful’ revolution would seem to involve a category mistake. However, since at least the 19th century, courts in many jurisdictions have had to adjudicate claims involving questions about the extent to which what is in fact a revolutionary change can result in the creation of a legally valid regime. In this book, the authors examine some of these judgments.