1st Edition
Public Administration and Expertise in Democratic Governments Comparative Public Law in the Twenty-First Century
This collection deals with challenges confronting public law and public administration in twenty-first century democracies across the world. It draws together contributions from leading scholars, examining cutting-edge topics, and projecting the scholarship forward. It emphasizes the importance both of justifying executive policymaking to citizens and of drawing on bureaucratic expertise and professional competence. Contributors examine the role of courts and argue for new forms of public participation that can incorporate democratic values into executive-branch policymaking. Finally, the work confronts problems in the administration of the criminal law that are generating increased public concern. Building on Rose-Ackerman’s scholarship, writers compare the American experience with contemporary developments in other leading democracies – in particular, Germany, France, the EU, Canada, and Latin America. The work will be an invaluable resource for academics, researchers and policymakers working in the areas of Administrative Law, Public Law, and Political Science.
List of Contributors
Preface
1. Introduction
Peter L. Strauss,
2. What’s Democratic about Administration?
Blake Emerson
3. The Lawfulness of Public Law in Germany and United States
Jud Mathews & Joshua Spannaus
4. Administrative Resilience
Stefanie Egidy
5. Bureaucrats as Temporary Leaders
Anne Joseph O’Connell
6. The Creation of the Modern American Civil Service and the (Constitutional) Limits of German Influence
Matthias Rossbach
7. The Neoliberal Turn of Contemporary French Administrative Law
Thomas Perroud
8. Law and Monetary Policy: From Limited Judicial Review to Parliamentary Scrutiny in the European Monetary Union
Joana Mendes
9. Administrative Democracy and Federalism: The US, the EU, and Canada
Athanasios Psygkas
10. From Elections to Autocracy: Can Strategic Decentralization Bring Us Back?
Maciej Kisilowski
11. Judicial Review of the Executive in Hyper-Presidential Regimes
Edgar Andrés Melgar & Susan Rose-Ackerman
12. Equal versus Efficient Security against Crime: Differences and Unintended Consequences
Hans-Bernd Schäfer
13. Administration and Democracy
Peter Lindseth
Biography
Susan Rose-Ackerman is Henry R. Luce Professor Emeritus of Law and Political Science, Yale University. She has published widely on comparative administrative law and the political economy of corruption.