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A comprehensive overview of the field of comparative administrative
law that builds on the first edition with many new and revised
chapters, additional topics and extended geographical coverage.
This research handbook s broad, multi-method approach combines
history and social science with more strictly legal analyses. This
new edition demonstrates the growth and dynamism of recent efforts
- spearheaded by the first edition - to stimulate comparative
research in administrative law and public law more generally,
reaching across different countries and scholarly disciplines. A
particular focus is on administrative independence with its
manifold implications for separation of powers, democratic
self-government, and the boundary between law, politics, and
policy. Several chapters highlight the tensions between impartial
expertise and public accountability; others consider administrative
litigation and the role of the courts in reviewing both individual
decisions and secondary norms. The book concludes by asking how
administrative law is shaping and is being shaped by the changing
boundaries of the state, especially shifting boundaries between the
public and the private, and the national and the supranational
domains. This extensive and interdisciplinary appraisal of the
field will be a vital resource for scholars and students of
administrative and comparative law worldwide, and for public
officials and representatives of interest groups engaged with
government policy implementation and regulation. Contributors: B.
Ackerman, A. Alemanno, M. Asimow, J.-B. Auby, D. Barek-Erez, J.
Barnes, P. Cane, P. Craig, D. Custos, M. D'Alberti, L.A. Dickinson,
C. Donnelly, Y. Dotan, B. Emerson, T. Ginsburg, D. Halberstam,
H.C.H. Hofmann, G.B. Hola, C.-Y. Huang, N. Kadomatsu, K. Kovacs, P.
Lindseth, M.E. Magill, J. Mashaw, J. Massot, J. Mathews, J. Mendes,
G. Napolitano, D.R. Ortiz, T. Perroud, M.M. Prado, A. Psygkas, V.V.
Ramraj, D.R. Reiss, S. Rose-Ackerman, M. Ruffert, J. Saurer, K.L.
Scheppele, J.-P. Schneider, M. Shapiro, B. Sordi, L. Sossin, P.
Strauss, A.K. Thiruvengadam, A. Vosskuhle, J.B. Wiener, T.
Wischmeyer, J.-r. Yeh
The expert authors in this timely volume offer diverse perspectives
on how corruption distorts state and market relations, while
drawing from insights in political science, economics, and law.
This book represents a new wave of research in political economy,
relying on methodological rigor to address topics ranging from
corruption in taxation and trade to crony capitalism and false
anti-corruption reforms. Key chapters provide a thorough review of
the literature on links between political connections and
democratic institutions. Special attention is paid to the OECD
Anti-Bribery Convention, the US Foreign Corrupt Practices Act,
China's anti-corruption drive, and language used to discuss tax
evasion. Case studies from various regions-such as China, Paraguay,
South Africa, and New York City-anchor the analysis with real-world
situations. Greed, Corruption, and the Modern State is a critical
resource for students, researchers, and practitioners interested in
development, economics, governance, and corruption. Contributors:
P. Alldridge, D. Batzilis, J. Bussell, K.E. Davis, A. Diaz-Cayeros,
R. Fisman, N. Hite-Rubin, F. Hualing, R. Huang, P. Lagunes, B.
Magaloni, K. Moene, V. Romero, S. Rose-Ackerman, S. Sequeira, T.
Soreide, M.C. Stephenson, S. Straub, F. Varese
A comprehensive overview of the field of comparative administrative
law, the specially commissioned papers in this landmark volume
represent a broad, multi-method approach combining history and
social science perspectives with more strictly legal analyses.
Comparisons of the United States, continental Europe, and the
British Commonwealth are complemented by contributions that focus
on Latin America, Africa, and Asia. The work aims to stimulate
comparative research on public law, reaching across countries and
scholarly disciplines. Beginning with historical reflections on the
emergence of administrative law over the last two centuries, the
volume then turns to the relationship of administrative and
constitutional law, with an additional section focusing on the key
issue of administrative independence. Two further sections
highlight the possible tensions between impartial expertise and
public accountability, drawing insights from economics and
political science as well as law. The final section considers the
changing boundaries of the administrative state - both the
public-private distinction and the links between domestic and
transnational regulatory bodies such as the European Union. In
covering this broad range of topics, the book illuminates a core
concern of administrative law: the way individuals and
organizations across different systems test and challenge the
legitimacy of the modern state. This extensive, interdisciplinary
appraisal of the field will prove a vital resource for scholars and
students of administrative and comparative law. Historians of the
state looking for a broad overview of a key area of public law,
reformers in emerging economies, donor agencies looking for
governance options, and policy analysts with an interest in the
law/policy interface will also find this work a valuable addition
to their library.
Much discussion has centred on the possibility of a 'third way'
between socialism and the market and on the role of the 'third
sector' (public, voluntary and not for profit) in modern advanced
economies.
All representative democracies must balance democratic
accountability against the competent implementation of complex
statutes. Achieving this balance in administrative law will be
aided by drawing on insights from economics and political economy.
This important volume collects the best work in this area and is of
significance for scholars of public law and economics around the
world. The editor's authoritative selection of papers, anchored in
the American system of administrative law, mixes theoretical,
legal, and empirical studies by leading interdisciplinary scholars.
It thus provides an up-to-date introduction to modern work in the
economics of administrative law.
A comprehensive overview of the field of comparative administrative
law that builds on the first edition with many new and revised
chapters, additional topics and extended geographical coverage.
This research handbook s broad, multi-method approach combines
history and social science with more strictly legal analyses. This
new edition demonstrates the growth and dynamism of recent efforts
- spearheaded by the first edition - to stimulate comparative
research in administrative law and public law more generally,
reaching across different countries and scholarly disciplines. A
particular focus is on administrative independence with its
manifold implications for separation of powers, democratic
self-government, and the boundary between law, politics, and
policy. Several chapters highlight the tensions between impartial
expertise and public accountability; others consider administrative
litigation and the role of the courts in reviewing both individual
decisions and secondary norms. The book concludes by asking how
administrative law is shaping and is being shaped by the changing
boundaries of the state, especially shifting boundaries between the
public and the private, and the national and the supranational
domains. This extensive and interdisciplinary appraisal of the
field will be a vital resource for scholars and students of
administrative and comparative law worldwide, and for public
officials and representatives of interest groups engaged with
government policy implementation and regulation. Contributors: B.
Ackerman, A. Alemanno, M. Asimow, J.-B. Auby, D. Barek-Erez, J.
Barnes, P. Cane, P. Craig, D. Custos, M. D'Alberti, L.A. Dickinson,
C. Donnelly, Y. Dotan, B. Emerson, T. Ginsburg, D. Halberstam,
H.C.H. Hofmann, G.B. Hola, C.-Y. Huang, N. Kadomatsu, K. Kovacs, P.
Lindseth, M.E. Magill, J. Mashaw, J. Massot, J. Mathews, J. Mendes,
G. Napolitano, D.R. Ortiz, T. Perroud, M.M. Prado, A. Psygkas, V.V.
Ramraj, D.R. Reiss, S. Rose-Ackerman, M. Ruffert, J. Saurer, K.L.
Scheppele, J.-P. Schneider, M. Shapiro, B. Sordi, L. Sossin, P.
Strauss, A.K. Thiruvengadam, A. Vosskuhle, J.B. Wiener, T.
Wischmeyer, J.-r. Yeh
A companion volume to the International Handbook on the Economics
of Corruption published in 2006, the specially commissioned papers
in Volume Two present some of the best policy-oriented research in
the field. They stress the institutional roots of corruption and
include new research on topics ranging from corruption in
regulation and procurement to vote buying and private firm
payoffs.Understanding the consequences of corrupt transactions
requires one to know what is being bought with a bribe and how the
behavior of public and private actors has been affected. The
contributors therefore emphasize how the economic analysis of
corruption must take account of the broader context within which
bribery and self-dealing operate. Several chapters offer new
approaches to empirical research on corruption that range from
individual-level data to the macro-economy. Chapters with an
explicit policy focus deal with the efficacy of anti-corruption
agencies, multi-stakeholder initiatives, red flag warning systems
and international conventions. This cutting-edge work will be an
unmatched resource for scholars and students of corruption,
professionals in international aid and finance organizations, and
scholars and professionals with more general interests in economic
and political development. Contributors: T.S. Aidt, D.M. Aldrighi,
E. Auriol, F. Boehm, E. Buscaglia, B. Clausen, S. Cole, A. Estache,
B. Flyvbjerg, Y. Jeong, C. Kenny, A. Kraay, A. Lambert-Mogiliansky,
E. Molloy, P. Murrell, M. Musatova, L.V. Peisakhin, G. Piga, J.D.
Potter, F. Recanatini, S. Rose-Ackerman, T. Soreide, S. Straub, M.
Tavits, A. Tran, R. Truex, M. Vagliasindi, P.C. Vicente, R.J.
Weiner, L. Wren-Lewis
Economic research on corruption aims both to isolate the economic
effects of quid pro quo deals between agents and third parties, and
to suggest how legal and institutional reforms might curb harms and
enhance benefits. In this comprehensive Handbook, top scholars in
the field provide specially commissioned essays, both theoretical
and empirical, exploring both types of research. The Handbook
begins with an introductory essay by the editor, followed by two
chapters written by leading exponents of cross-country research.
However, the focus of the Handbook is on research at the micro
level, where policy can be made and evaluated. These microeconomic
studies fall into several overlapping categories. The first group
includes studies that link corrupt incentives to institutional
structures, particularly the organization of the state. The second
draws implications from surveys of households or businesses and
from controlled experiments. The third concentrates on particular
sectors such as education, tax administration, public works,
customs services, and pharmaceuticals. Finally, two chapters assess
corruption in the transition away from socialism in Europe and
Asia.
A companion volume to the International Handbook on the Economics
of Corruption published in 2006, the specially commissioned papers
in Volume Two present some of the best policy-oriented research in
the field. They stress the institutional roots of corruption and
include new research on topics ranging from corruption in
regulation and procurement to vote buying and private firm
payoffs.Understanding the consequences of corrupt transactions
requires one to know what is being bought with a bribe and how the
behavior of public and private actors has been affected. The
contributors therefore emphasize how the economic analysis of
corruption must take account of the broader context within which
bribery and self-dealing operate. Several chapters offer new
approaches to empirical research on corruption that range from
individual-level data to the macro-economy. Chapters with an
explicit policy focus deal with the efficacy of anti-corruption
agencies, multi-stakeholder initiatives, red flag warning systems
and international conventions. This cutting-edge work will be an
unmatched resource for scholars and students of corruption,
professionals in international aid and finance organizations, and
scholars and professionals with more general interests in economic
and political development. Contributors: T.S. Aidt, D.M. Aldrighi,
E. Auriol, F. Boehm, E. Buscaglia, B. Clausen, S. Cole, A. Estache,
B. Flyvbjerg, Y. Jeong, C. Kenny, A. Kraay, A. Lambert-Mogiliansky,
E. Molloy, P. Murrell, M. Musatova, L.V. Peisakhin, G. Piga, J.D.
Potter, F. Recanatini, S. Rose-Ackerman, T. Soreide, S. Straub, M.
Tavits, A. Tran, R. Truex, M. Vagliasindi, P.C. Vicente, R.J.
Weiner, L. Wren-Lewis
A comprehensive overview of the field of comparative administrative
law, the specially commissioned papers in this landmark volume
represent a broad, multi-method approach combining history and
social science perspectives with more strictly legal analyses.
Comparisons of the United States, continental Europe, and the
British Commonwealth are complemented by contributions that focus
on Latin America, Africa, and Asia. The work aims to stimulate
comparative research on public law, reaching across countries and
scholarly disciplines. Beginning with historical reflections on the
emergence of administrative law over the last two centuries, the
volume then turns to the relationship of administrative and
constitutional law, with an additional section focusing on the key
issue of administrative independence. Two further sections
highlight the possible tensions between impartial expertise and
public accountability, drawing insights from economics and
political science as well as law. The final section considers the
changing boundaries of the administrative state - both the
public-private distinction and the links between domestic and
transnational regulatory bodies such as the European Union. In
covering this broad range of topics, the book illuminates a core
concern of administrative law: the way individuals and
organizations across different systems test and challenge the
legitimacy of the modern state. This extensive, interdisciplinary
appraisal of the field will prove a vital resource for scholars and
students of administrative and comparative law. Historians of the
state looking for a broad overview of a key area of public law,
reformers in emerging economies, donor agencies looking for
governance options, and policy analysts with an interest in the
law/policy interface will also find this work a valuable addition
to their library.
A defense of regulatory agencies’ efforts to combine public
consultation with bureaucratic expertise to serve the interest of
all citizens  “This exceptional exploration of how four
advanced democracies pursue legitimacy in the bureaucratic
implementation of regulatory law makes an invaluable
contribution.â€â€”Peter M. Shane, author of Madison’s Nightmare:
How Executive Power Threatens American Democracy  The
statutory delegation of rule-making authority to the executive has
recently become a source of controversy. There are guiding models,
but none, Susan Rose-Ackerman claims, is a good fit with the needs
of regulating in the public interest. Using a cross-national
comparison of public policy-making in the United States, the United
Kingdom, France, and Germany, she argues that public participation
inside executive rule-making processes is necessary to preserve the
legitimacy of regulatory policy-making.
Economic research on corruption aims both to isolate the economic
effects of quid pro quo deals between agents and third parties, and
to suggest how legal and institutional reforms might curb harms and
enhance benefits. In this comprehensive Handbook, top scholars in
the field provide specially commissioned essays, both theoretical
and empirical, exploring both types of research. The Handbook
begins with an introductory essay by the editor, followed by two
chapters written by leading exponents of cross-country research.
However, the focus of the Handbook is on research at the micro
level, where policy can be made and evaluated. These microeconomic
studies fall into several overlapping categories. The first group
includes studies that link corrupt incentives to institutional
structures, particularly the organization of the state. The second
draws implications from surveys of households or businesses and
from controlled experiments. The third concentrates on particular
sectors such as education, tax administration, public works,
customs services, and pharmaceuticals. Finally, two chapters assess
corruption in the transition away from socialism in Europe and
Asia.
Rose-Ackerman sees recent advances in law and economics as an
opportunity to tackle some of the failings of the US state. She
proposes a progressive and positive agenda of reform rather than
simple reduction or expansion of existing functions and services.
With nuanced perspective and detailed case studies, Due Process of
Lawmaking explores the law of lawmaking in the United States, South
Africa, Germany, and the European Union. This comparative work
deals broadly with public policymaking in the legislative and
executive branches. It frames the inquiry through three principles
of legitimacy: democracy, rights, and competence. Drawing on the
insights of positive political economy, the authors explicate the
ways in which courts uphold these principles in the different
systems. Judicial review in the American presidential system
suggests lessons for the parliamentary systems in Germany and South
Africa, while the experience of parliamentary government yields
potential insights into the reform of the American law of
lawmaking. Taken together, the national experiences shed light on
the special case of the EU. In dialogue with each other, the case
studies demonstrate the interplay between constitutional principles
and political imperatives under a range of different conditions.
The second edition of Corruption and Government updates Susan
Rose-Ackerman's 1999 book to address emerging issues and to rethink
old questions in light of new data. The book analyzes the research
explosion that accompanied the fall of the Berlin Wall, the
founding of Transparency International, and the World Bank's
decision to give anti-corruption policy a key place on its agenda.
Time has vindicated Rose-Ackerman's emphasis on institutional
reform as the necessary condition for serious progress. The book
deals with routine payoffs and with corruption in contracting and
privatization. It gives special attention to political corruption
and to instruments of accountability. The authors have expanded the
treatment of culture as a source of entrenched corruption and added
chapters on criminal law, organized crime, and post-conflict
societies. The book outlines domestic conditions for reform and
discusses international initiatives - including both explicit
anti-corruption policies and efforts to constrain money laundering.
The second edition of Corruption and Government updates Susan
Rose-Ackerman's 1999 book to address emerging issues and to rethink
old questions in light of new data. The book analyzes the research
explosion that accompanied the fall of the Berlin Wall, the
founding of Transparency International, and the World Bank's
decision to give anti-corruption policy a key place on its agenda.
Time has vindicated Rose-Ackerman's emphasis on institutional
reform as the necessary condition for serious progress. The book
deals with routine payoffs and with corruption in contracting and
privatization. It gives special attention to political corruption
and to instruments of accountability. The authors have expanded the
treatment of culture as a source of entrenched corruption and added
chapters on criminal law, organized crime, and post-conflict
societies. The book outlines domestic conditions for reform and
discusses international initiatives - including both explicit
anti-corruption policies and efforts to constrain money laundering.
The countries of Central Europe in the first round for admission to
the European Union have all established constitutional, electoral
democracies and market economies. However, much remains to be done
to achieve fully consolidated democratic states. This study
documents the weaknesses of public oversight and participation in
policymaking in Hungary and Poland, two of the most advanced
countries in the region. It discusses five alternative routes to
accountability including European Union oversight, constitutional
institutions such as presidents and courts, devolution to
lower-level governments, the use of neo-corporatist bodies, and
open-ended participation rights. It urges more emphasis on the
fifth option, public participation. Case studies of the
environmental movement in Hungary and of student groups in Poland
illustrate these general points. The book reviews the United
States' experience of open-ended public participation and draws
some lessons for the transition countries from the strengths and
weaknesses of the American system.
The countries of Central Europe in the first round for admission to
the European Union have all established constitutional, electoral
democracies and market economies. However, much remains to be done
to achieve fully consolidated democratic states. This study
documents the weaknesses of public oversight and participation in
policymaking in Hungary and Poland, two of the most advanced
countries in the region. It discusses five alternative routes to
accountability including European Union oversight, constitutional
institutions such as presidents and courts, devolution to
lower-level governments, the use of neo-corporatist bodies, and
open-ended participation rights. It urges more emphasis on the
fifth option, public participation. Case studies of the
environmental movement in Hungary and of student groups in Poland
illustrate these general points. The book reviews the United
States' experience of open-ended public participation and draws
some lessons for the transition countries from the strengths and
weaknesses of the American system.
Fascinating as the corporate takeovers of recent years have
been-with their "golden parachutes" and junk bonds, "greenmailers"
and white knights-it is far from clear what underlying forces are
at work, and what their long-term consequences will be. Debate over
these questions has become polarized: some see takeover threats as
disciplinary mechanisms that induce managers to behave efficiently
and move assets to higher valued uses or into the hands of more
efficient managers; others claim that corporate raiders have
produced few observable increases in operating efficiency, but
rather have disrupted business planning, enforced a preoccupation
with the short-term, and tilted the balance sheets of corporate
America towards dangerously high debt levels. Such sharp conflicts
in theory and evidence have produced considerable governmental
confusion concerning the appropriate policy response. Scores of
bills have been introduced in Congress, but legislators are no more
in agreement than scholars. Knights, Raiders, and Targets
represents one of the first sustained efforts to refine and clarify
these issues. Based on papers presented at a symposium sponsored by
the Columbia Law School's Center for Law and Economic Studies, it
also includes discussion of the informal presentations made at the
symposium by the CEOs of several major corporations. This important
book airs new theories and offers vital and exciting discussion of
the essential issues attached to an event that has become central
to American corporate culture.
With nuanced perspective and detailed case studies, Due Process of
Lawmaking explores the law of lawmaking in the United States, South
Africa, Germany, and the European Union. This comparative work
deals broadly with public policymaking in the legislative and
executive branches. It frames the inquiry through three principles
of legitimacy: democracy, rights, and competence. Drawing on the
insights of positive political economy, the authors explicate the
ways in which courts uphold these principles in the different
systems. Judicial review in the American presidential system
suggests lessons for the parliamentary systems in Germany and South
Africa, while the experience of parliamentary government yields
potential insights into the reform of the American law of
lawmaking. Taken together, the national experiences shed light on
the special case of the EU. In dialogue with each other, the case
studies demonstrate the interplay between constitutional principles
and political imperatives under a range of different conditions.
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