Risk Regulation and Administrative Constitutionalism

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Publisher : Bloomsbury Publishing
ISBN 13 : 1847313728
Total Pages : 318 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Risk Regulation and Administrative Constitutionalism by : Elizabeth Fisher

Download or read book Risk Regulation and Administrative Constitutionalism written by Elizabeth Fisher and published by Bloomsbury Publishing. This book was released on 2007-07-30 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Regulating Risks in the European Union

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509912649
Total Pages : 309 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Regulating Risks in the European Union by : Maria Weimer

Download or read book Regulating Risks in the European Union written by Maria Weimer and published by Bloomsbury Publishing. This book was released on 2017-10-05 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: A growing body of EU law and regulation is preoccupied with the protection of EU citizens from health and environmental risks. Which chemicals are safe and should be allowed on the market? How should the EU respond to public health emergencies, such as Ebola and other infectious diseases? Regulatory responses to these questions confront deep uncertainty, limited knowledge and societal contestation. In a time where the use of scientific expertise in EU policy-making is particularly contested, this book offers a timely contribution to both the academic and policy debate on the role of specialised expertise in EU public decision-making on risk and technology as well as on its intertwinement with executive power. It draws on insights from law, governance, political sciences, and science and technology studies, bringing together leading scholars in this field. Contributions are drawn together by a shared theoretical perspective, namely by their use of co-production as an analytical lens to study the intricate interplay between techno-scientific expertise and EU executive power. By so doing, this collection produces highly original insights into the development of the EU administrative state, as well as into the role of regulatory science in its construction. This book will be useful to scholars, practitioners, and policy-makers working on risk regulation and the role of expertise in public decision-making.

OECD Reviews of Regulatory Reform Risk and Regulatory Policy Improving the Governance of Risk

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Publisher : OECD Publishing
ISBN 13 : 926408293X
Total Pages : 251 pages
Book Rating : 4.2/5 (64 download)

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Book Synopsis OECD Reviews of Regulatory Reform Risk and Regulatory Policy Improving the Governance of Risk by : OECD

Download or read book OECD Reviews of Regulatory Reform Risk and Regulatory Policy Improving the Governance of Risk written by OECD and published by OECD Publishing. This book was released on 2010-04-09 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This publication presents recent OECD papers on risk and regulatory policy. They offer measures for developing, or improving, coherent risk governance policies.

Reasoned Administration and Democratic Legitimacy

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Publisher : Cambridge University Press
ISBN 13 : 1108421008
Total Pages : 213 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Reasoned Administration and Democratic Legitimacy by : Jerry L. Mashaw

Download or read book Reasoned Administration and Democratic Legitimacy written by Jerry L. Mashaw and published by Cambridge University Press. This book was released on 2018-09-27 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how administrative government maintains mutual respect among citizens, legitimates administrative government under law, and supports a realistic vision of democracy.

Varieties of Risk Analysis in Public Administrations

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Publisher : Routledge Studies in Governance and Public Policy
ISBN 13 : 9780367767464
Total Pages : 222 pages
Book Rating : 4.7/5 (674 download)

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Book Synopsis Varieties of Risk Analysis in Public Administrations by : Regine Paul

Download or read book Varieties of Risk Analysis in Public Administrations written by Regine Paul and published by Routledge Studies in Governance and Public Policy. This book was released on 2021 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book sets out a novel conceptual and analytical framework to explain why risk analysis, cost-benefit analysis, and similar analytical tools have gained sizeable currency in public administrations, in comparative perspective. Situated in critical interpretive policy analysis methodology, the book systematizes and innovates respective debates in three ways. First, it develops a novel typology of actors' appreciations of analytical tools as instrumental problem-solving, legitimacy-seeking, and power-seeking. It conceptualizes the latter two as "polity policies" with actors seeking to confirm or rework decision-making structures. Second, the book theorizes how executive fragmentation and the multiplication of coordination requirements - often treated as hindrances to substantial analytical turns in an administration - nourish actors' ideal typical appreciations of analytical tools in distinct ways. Lastly, it scrutinizes varieties of risk analysis across three risk-heavy policy domains in Germany (including the EU) and discusses the potential of risk analysis to stabilize or transform decision-making in multi-level settings. This book will be of key interest to policy analysts and risk analysts, and scholars of European politics, comparative politics, policy studies, public administration, multi-level governance, EU studies, risk analysis, policy evaluation, and the political sociology of quantification.

EU Administrative Law

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Publisher : Oxford University Press
ISBN 13 : 0192567454
Total Pages : 994 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis EU Administrative Law by : Paul Craig

Download or read book EU Administrative Law written by Paul Craig and published by Oxford University Press. This book was released on 2018-10-25 with total page 994 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

Assuring the Quality of Health Care in the European Union

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Publisher : World Health Organization
ISBN 13 : 9289071931
Total Pages : 242 pages
Book Rating : 4.2/5 (89 download)

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Book Synopsis Assuring the Quality of Health Care in the European Union by : Helena Legido-Quigley

Download or read book Assuring the Quality of Health Care in the European Union written by Helena Legido-Quigley and published by World Health Organization. This book was released on 2008 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: People have always travelled within Europe for work and leisure, although never before with the current intensity. Now, however, they are travelling for many other reasons, including the quest for key services such as health care. Whatever the reason for travelling, one question they ask is "If I fall ill, will the health care I receive be of a high standard?" This book examines, for the first time, the systems that have been put in place in all of the European Union's 27 Member States. The picture it paints is mixed. Some have well developed systems, setting standards based on the best available evidence, monitoring the care provided, and taking action where it falls short. Others need to overcome significant obstacles.

Arbitrary and Capricious

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Publisher : American Enterprise Institute
ISBN 13 : 9780844741895
Total Pages : 112 pages
Book Rating : 4.7/5 (418 download)

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Book Synopsis Arbitrary and Capricious by : Gary Elvin Marchant

Download or read book Arbitrary and Capricious written by Gary Elvin Marchant and published by American Enterprise Institute. This book was released on 2004 with total page 112 pages. Available in PDF, EPUB and Kindle. Book excerpt: This study examines how the European Union has used the precautionary principle in legal decisions.

Governance in the European Union

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Publisher :
ISBN 13 :
Total Pages : 324 pages
Book Rating : 4.E/5 ( download)

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Book Synopsis Governance in the European Union by : Olivier de Schutter

Download or read book Governance in the European Union written by Olivier de Schutter and published by . This book was released on 2001 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Regulatory Policy and Governance Supporting Economic Growth and Serving the Public Interest

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Publisher : OECD Publishing
ISBN 13 : 9264116575
Total Pages : 155 pages
Book Rating : 4.2/5 (641 download)

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Book Synopsis Regulatory Policy and Governance Supporting Economic Growth and Serving the Public Interest by : OECD

Download or read book Regulatory Policy and Governance Supporting Economic Growth and Serving the Public Interest written by OECD and published by OECD Publishing. This book was released on 2011-10-25 with total page 155 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report encourages governments to “think big” about the relevance of regulatory policy and assesses the recent efforts of OECD countries to develop and deepen regulatory policy and governance.

Risk Regulation in the Internal Market

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Publisher : Oxford University Press
ISBN 13 : 019104718X
Total Pages : 305 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis Risk Regulation in the Internal Market by : Maria Weimer

Download or read book Risk Regulation in the Internal Market written by Maria Weimer and published by Oxford University Press. This book was released on 2019-03-19 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a topical inquiry into the legal and political limits of EU regulation in the field of risk and new technologies surrounded by techno-scientific complexity, uncertainty, and societal contestation. It uses agricultural biotechnology as a paradigmatic example to illustrate the complex intertwinement between environmental, public health, economic and social concerns in risk regulation. Weimer analyses the drawbacks of the EU approach to agricultural biotechnology showing that its reductionism, i.e. the narrow understanding of GMO risks as well as the exclusion of broader societal concerns related to environmental and social sustainability, has undermined both the legitimacy and effectiveness of EU regulation in this area. Resistance to this approach however has also triggered legal innovations prompting us to re-think EU internal market law, including the way in which it manages the tensions between unity and diversity, and between social and economic concerns. This text offers fresh and original insights into how far the EU can go in harmonizing regulatory approaches to risk. At the same time, it proposes new ways of re-thinking EU risk regulation to make it more responsive to different perspectives on risk and technology. A unique feature of this book is that it contributes to various strains of scholarship including risk regulation, internal market law, public administration, and studies of governance and regulation, as well as connecting these themes to broader debates about the legitimacy of European integration and new ways of differentiated integration. As a result it assists in re-imagining the EU internal market and its regulation as a site of diversity.

Unelected Power

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Publisher : Princeton University Press
ISBN 13 : 0691196303
Total Pages : 662 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Unelected Power by : Paul Tucker

Download or read book Unelected Power written by Paul Tucker and published by Princeton University Press. This book was released on 2019-09-10 with total page 662 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tucker presents guiding principles for ensuring that central bankers and other unelected policymakers remain stewards of the common good.

ReNEUAL Model Rules on EU Administrative Procedure

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Publisher : Oxford University Press
ISBN 13 : 0198795300
Total Pages : 331 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis ReNEUAL Model Rules on EU Administrative Procedure by : Paul Craig

Download or read book ReNEUAL Model Rules on EU Administrative Procedure written by Paul Craig and published by Oxford University Press. This book was released on 2017 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents Model Rules drafted by the Research Network on EU Administrative Law (ReNEUAL), together with an extended introduction. The Model Rules propose a clear and accessible legal framework through which the constitutional values of the EU can be embedded in the exercise of public authority.

Uncertain Risks Regulated

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Publisher : Routledge
ISBN 13 : 113539153X
Total Pages : 451 pages
Book Rating : 4.1/5 (353 download)

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Book Synopsis Uncertain Risks Regulated by : Ellen Vos

Download or read book Uncertain Risks Regulated written by Ellen Vos and published by Routledge. This book was released on 2009-01-26 with total page 451 pages. Available in PDF, EPUB and Kindle. Book excerpt: The scientification of politics and the politicisation of science / Michelle Everson and Ellen Vos -- Opening pandora's box : contextualising the precautionary principle in the European Union / Elisabeth Fisher -- Uncertainties in regulating food safety in France / Julien Besanon and Olivier Borraz -- The origins of regulatory uncertainty in the UK food safety regime / Henry Rothstein -- The Dutch regulatory framework for food risk analysis based food law in the Netherlands / Bernd van der Meulen -- Food safety in Poland : standards, procedures and institutions / Aleksander Surdej and Karolina Zurek -- A default-logic model of factfinding for United States regulation of food safety / Vern Walker -- The French regulatory system on GMOs / Christine Noiville -- The UK regulatory system on GMOs : expanding the debate? / Maria Lee -- GMO regulation in the Netherlands : a story of hope, fear and the limits of poldering / Han Somsen -- The Polish regulatory system on GMOs : between EU influence and national nuances / Patrycja Dabrowska -- The regulation of environmental risks of GMOs in the United States / Michael Rodemeyer -- The EU regulatory system on food safety : between trust and safety / Ellen Vos -- The EU regulatory system for GMOs / Greg Shaffer and Mark Pollack -- European regulation of GMOs : thinking about judicial review in the WTO / Joanne Scott -- The Codex Alimentarius Commission and its food safety measures in the light of their new status / Marille matthee -- Three intimate tales of law and science : hope, despair and transcendence / Michelle Everson -- Science, knowledge and uncertainty in eu risk regulation / Marjolein van Asselt, Ellen Vos and Bram Rooijackers -- The role of scientific experts in risk regulation of foods / Harry Kuiper -- Inclusive risk governance through discourse, deliberation and participation / Andreas Klinke -- Sound science in the European and global market : Karl Polanyi in geneva / Christian Joerges.

Comparative Administrative Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 178471867X
Total Pages : 753 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Comparative Administrative Law by : Susan Rose-Ackerman

Download or read book Comparative Administrative Law written by Susan Rose-Ackerman and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 753 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Administrative Law in Europe

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Publisher :
ISBN 13 : 9789089521323
Total Pages : 0 pages
Book Rating : 4.5/5 (213 download)

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Book Synopsis Administrative Law in Europe by : Dornburg Research Group on New Administrative Law. Workshop

Download or read book Administrative Law in Europe written by Dornburg Research Group on New Administrative Law. Workshop and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume comprises the results of the fourth workshop of the Dornburg Research Group of New Administrative Law. The group scrutinized the relationship between national traditions and the evolution of common principles of European administrative law.

The State in Western Europe

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Publisher : Psychology Press
ISBN 13 : 9780714645940
Total Pages : 220 pages
Book Rating : 4.6/5 (459 download)

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Book Synopsis The State in Western Europe by : Wolfgang C. Müller

Download or read book The State in Western Europe written by Wolfgang C. Müller and published by Psychology Press. This book was released on 1994 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: Focusing exclusively on the functional rather than the territorial level, this book reveals that the reshaping of the state in western Europe involves different policies across Europe and conflicting tendencies in the impact of the various reform programmes. Whilst the state may be in retreat in some respects, its activity may be increasing in others. And nowhere, not even in Britain, has its key decision-making role been seriously undermined.