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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. This book proposes an original interdisciplinary
theory that integrates the concept of veto-gates into a strategic
model of judicial review of administrative action. It argues that
long-term changes in the number of effective veto-gates in the US
and the UK are the key to understanding the antithesis that emerged
between their administrative jurisprudence. It then forecasts the
future of Anglo-American administrative law in light of recent
destabilizing political developments, such as attempts by the 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. A crucial overview of the history and future of
administrative law, this book is critical reading for scholars and
students of public law and comparative law, particularly those
focusing on comparative administrative law in common law contexts.
Its theoretical insights will also be useful for political
scientists and economists interested in judicial politics and
regulation.
Public health law has been a subject of much controversy and
contestation especially since the COVID-19 pandemic broke out. This
timely book inquires into the foundational principles of a form of
public health law which takes seriously the inherent dignity of the
human person. Written from a multidisciplinary perspective, this
illuminating study makes the case that the rule of law, just as
much as population health, is an essential determinant of human
well-being. Choosing the case of the Hong Kong Special
Administrative Region of the People’s Republic of China, where
life expectancy is among the highest in the world, yet whose
well-established rule of law tradition is oft-perceived to be under
strain, in describing the central dilemmas of public health law, it
makes an original contribution to our knowledge of comparative
public health law and public health ethics. Situating Hong Kong’s
public health law in the context of global health, The Law and
Regulation of Public Health should appeal across the world to
students and scholars of public health, medical law, public law,
comparative law, and international law. It accessibly explains the
law to epidemiologists and public health policy-makers, and public
health to jurists and legal practitioners. The book lucidly urges
professionals of public health and law to reflect on how the myriad
legal instruments and legal institutions should best to be used to
promote and protect public health in ways that are at once ethical
and lawful. It is a must read for anyone who is interested to gain
insights into public health law and regulation in this highly
internationalised Chinese Special Administrative Region.
Public health law has been a subject of much controversy and
contestation especially since the COVID-19 pandemic broke out. This
timely book inquires into the foundational principles of a form of
public health law which takes seriously the inherent dignity of the
human person. Written from a multidisciplinary perspective, this
illuminating study makes the case that the rule of law, just as
much as population health, is an essential determinant of human
well-being. Choosing the case of the Hong Kong Special
Administrative Region of the People’s Republic of China, where
life expectancy is among the highest in the world, yet whose
well-established rule of law tradition is oft-perceived to be under
strain, in describing the central dilemmas of public health law, it
makes an original contribution to our knowledge of comparative
public health law and public health ethics. Situating Hong Kong’s
public health law in the context of global health, The Law and
Regulation of Public Health should appeal across the world to
students and scholars of public health, medical law, public law,
comparative law, and international law. It accessibly explains the
law to epidemiologists and public health policy-makers, and public
health to jurists and legal practitioners. The book lucidly urges
professionals of public health and law to reflect on how the myriad
legal instruments and legal institutions should best to be used to
promote and protect public health in ways that are at once ethical
and lawful. It is a must read for anyone who is interested to gain
insights into public health law and regulation in this highly
internationalised Chinese Special Administrative Region.
This is the first book that focuses on the entrenched, fundamental
divergence between the Hong Kong Court of Final Appeal and Macau's
Tribunal de Ultima Instancia over their constitutional
jurisprudence, with the former repeatedly invalidating
unconstitutional legislation with finality and the latter having
never challenged the constitutionality of legislation at all. This
divergence is all the more remarkable when considered in the light
of the fact that the two Regions, commonly subject to oversight by
China's authoritarian Party-state, possess constitutional
frameworks that are nearly identical; feature similar hybrid
regimes; and share a lot in history, ethnicity, culture, and
language. Informed by political science and economics, this book
breaks new ground by locating the cause of this anomaly, studied
within the universe of authoritarian constitutionalism, not in the
common law-civil law differences between these two former European
dependencies, but the disparate levels of political transaction
costs therein.
This is the first book that focuses on the entrenched, fundamental
divergence between the Hong Kong Court of Final Appeal and Macau's
Tribunal de Ultima Instancia over their constitutional
jurisprudence, with the former repeatedly invalidating
unconstitutional legislation with finality and the latter having
never challenged the constitutionality of legislation at all. This
divergence is all the more remarkable when considered in the light
of the fact that the two Regions, commonly subject to oversight by
China's authoritarian Party-state, possess constitutional
frameworks that are nearly identical; feature similar hybrid
regimes; and share a lot in history, ethnicity, culture, and
language. Informed by political science and economics, this book
breaks new ground by locating the cause of this anomaly, studied
within the universe of authoritarian constitutionalism, not in the
common law-civil law differences between these two former European
dependencies, but the disparate levels of political transaction
costs therein.
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