Over the last decade the regulatory evaluation of environmental and
public health risks has been one of the most legally controversial
areas of contemporary government activity. Much of that debate has
been understood as a conflict between those promoting 'scientific'
approaches to risk evaluation and those promoting 'democratic'
approaches. This characterization of disputes has ignored the
central roles of public administration and law in technological
risk evaluation. This is problematic because, as shown in this
book, legal disputes over risk evaluation are disputes over
administrative constitutionalism in that they are disputes over
what role law should play in constituting and limiting the power of
administrative risk regulators. This is shown by five case studies
taken from five different legal cultures: an analysis of the
bifurcated role of the Southwood Working Party in the UK BSE
crisis; the development of doctrines in relation to judicial review
of risk evaluation in the US in the 1970s; the interpretation of
the precautionary principle by environmental courts and generalist
tribunals carrying out merits review in Australia; the
interpretation of the WTO Sanitary and Phytosanitary Agreement as
part of the WTO dispute settlement process; and the interpretation
of the precautionary principle in the EU context. A strong argument
is thus made for re-orienting the focus of scholarship in this
area.
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