Risk Regulation And Administrative Constitutionalism

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Risk Regulation and Administrative Constitutionalism

Author : Elizabeth Fisher
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.

Risk Regulation and Administrative Constitutionalism

Author : Elizabeth Charlotte Fisher
Publisher :
ISBN 13 : 9781472560117
Total Pages : 290 pages
Book Rating : 4.5/5 (61 download)

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Book Synopsis Risk Regulation and Administrative Constitutionalism by : Elizabeth Charlotte Fisher

Download or read book Risk Regulation and Administrative Constitutionalism written by Elizabeth Charlotte Fisher and published by . This book was released on 2007 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: The regulation of environmental and public health risks is a controversial area of government activity. This book studies the public law dimension of these controversies, particularly the interrelationship between risk regulation, public law and theories of legitimate administrative governance.

Administrative Competence

Author : Elizabeth Fisher
Publisher : Cambridge University Press
ISBN 13 : 1108836100
Total Pages : 357 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Administrative Competence by : Elizabeth Fisher

Download or read book Administrative Competence written by Elizabeth Fisher and published by Cambridge University Press. This book was released on 2020-10-15 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reimagines administrative law as the law of public administration by making its competence the focus of administrative law.

The Constitution of Risk

Author : Adrian Vermeule
Publisher : Cambridge University Press
ISBN 13 : 1107043727
Total Pages : 209 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Constitution of Risk by : Adrian Vermeule

Download or read book The Constitution of Risk written by Adrian Vermeule and published by Cambridge University Press. This book was released on 2014 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse.

Beyond Constitutionalism

Author : Nico Krisch
Publisher : Oxford University Press, USA
ISBN 13 : 0199228310
Total Pages : 383 pages
Book Rating : 4.1/5 (992 download)

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Book Synopsis Beyond Constitutionalism by : Nico Krisch

Download or read book Beyond Constitutionalism written by Nico Krisch and published by Oxford University Press, USA. This book was released on 2010-10-28 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: Rejecting current arguments that international law should be 'constitutionalized', this book advances an alternative, pluralist vision of postnational legal orders. It analyses the promise and problems of pluralism in theory and in current practice - focusing on the European human rights regime, the European Union, and global governance in the UN.

The Administrative State

Author : Dwight Waldo
Publisher : Routledge
ISBN 13 : 1351486330
Total Pages : 251 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis The Administrative State by : Dwight Waldo

Download or read book The Administrative State written by Dwight Waldo and published by Routledge. This book was released on 2017-09-04 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt: This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.

Regulating Risks in the European Union

Author : Maria Weimer
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912649
Total Pages : 295 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 295 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.

Implementing the Precautionary Principle

Author : Elizabeth Charlotte Fisher
Publisher : Edward Elgar Publishing
ISBN 13 : 1847201679
Total Pages : 353 pages
Book Rating : 4.8/5 (472 download)

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Book Synopsis Implementing the Precautionary Principle by : Elizabeth Charlotte Fisher

Download or read book Implementing the Precautionary Principle written by Elizabeth Charlotte Fisher and published by Edward Elgar Publishing. This book was released on 2006-01-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: This challenging book takes a broad and thought-provoking look at the precautionary principle and its implementation, or potential implementation, in a number of fields. In particular, the essays within the book explore the challenges faced by public decision-making processes when applying the precautionary principle, including its role in risk management and risk assessment. Frameworks for improved decision making are considered, followed by a detailed analysis of prospective applications of the precautionary principle in a number of emerging fields including: nanotechnology, climate change.

The Foundations and Future of Public Law

Author : Elizabeth Fisher
Publisher : Oxford University Press, USA
ISBN 13 : 0198845243
Total Pages : 481 pages
Book Rating : 4.1/5 (988 download)

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Book Synopsis The Foundations and Future of Public Law by : Elizabeth Fisher

Download or read book The Foundations and Future of Public Law written by Elizabeth Fisher and published by Oxford University Press, USA. This book was released on 2020-03-26 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public law in the UK and EU has undergone seismic changes over the last forty years: development and membership of the EU, the Human Rights Act, devolution, the fostering of public law expertise within the judiciary, the globalization of public law, and the increased interaction between the academy, judiciary, barristers, public interest groups, and legislatures have transformed the public law landscape. Commentators spend much time at the frontiers of the subject, responding rapidly to new developments and providing guidance to scholars, legislators, and judges for future directions. In these circumstances, there is rarely a chance to reflect upon the implications of these changes for the fundamentals of public law and how those fundamentals relate to one another. In this collection, leading figures in UK and EU public law address this lacuna. Inspired by the depth, scope, and ambition of the work of Paul Craig, Professor of English Law at Oxford University, the focus of this collection is upon exploring and reflecting upon six fundamentals of public law and the interrelationship between them: legislation, case law, theory, institutions, process, and constitutions.

Constitutionalism, Multilevel Trade Governance and Social Regulation

Author : Christian Joerges
Publisher : Bloomsbury Publishing
ISBN 13 : 1847312861
Total Pages : 592 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis Constitutionalism, Multilevel Trade Governance and Social Regulation by : Christian Joerges

Download or read book Constitutionalism, Multilevel Trade Governance and Social Regulation written by Christian Joerges and published by Bloomsbury Publishing. This book was released on 2006-10-19 with total page 592 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book about the ever more complex legal networks of transnational economic governance structures and their legitimacy problems. It takes up the challenge of the editors' earlier pioneering works which have called for more cross-sectoral and interdisciplinary analyses by scholars of international law, European and international economic law, private international law, international relations theory and social philosophy to examine the interdependences of multilevel governance in transnational economic, social, environmental and legal relations. Two complementary strands of theorising are expounded. One argues that globalisation and the universal recognition of human rights are transforming the intergovernmental "society of states" into a cosmopolitan community of citizens which requires more effective constitutional safeguards for protecting human rights and consumer welfare in the national and international governance and legal regulation of international trade. The second emphasises the dependence of the functioning of international markets and liberal trade on governance arrangements which respond credibly to safety and environmental concerns of consumers, traders, political and non-governmental actors. Enquiries into the generation of international standards and empirical analyses of legalization and judizialisation practices form part of this agenda. The perspectives and conclusions of the more than 20 contributors from Europe and North-America cannot be uniform. But they converge in their search for a constitutional architecture which limits, empowers and legitimises multilevel trade governance, as well as in their common premise that respect for human rights, private and democratic self-government and social justice require more transparent, participatory and deliberative forms of transnational "cosmopolitan democracy".

Risk Regulation in the Internal Market

Author : Maria Weimer
Publisher : Oxford University Press
ISBN 13 : 019104718X
Total Pages : 360 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 360 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.

Law and Leviathan

Author : Cass R. Sunstein
Publisher : Harvard University Press
ISBN 13 : 0674247531
Total Pages : 209 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Law and Leviathan by : Cass R. Sunstein

Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

A Republic of Statutes

Author : William N. Eskridge (Jr.)
Publisher : Yale University Press
ISBN 13 : 0300120885
Total Pages : 591 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis A Republic of Statutes by : William N. Eskridge (Jr.)

Download or read book A Republic of Statutes written by William N. Eskridge (Jr.) and published by Yale University Press. This book was released on 2010-01-01 with total page 591 pages. Available in PDF, EPUB and Kindle. Book excerpt: William Eskridge and John Ferejohn propose an original theory of constitutional law whereby, while the Constitution provides a vision, our democracy advances by means of statutes that supplement or even supplant the written Constitution.

Constitutionalism

Author : Charles Howard McIlwain
Publisher : The Lawbook Exchange, Ltd.
ISBN 13 : 1584775505
Total Pages : 172 pages
Book Rating : 4.5/5 (847 download)

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Book Synopsis Constitutionalism by : Charles Howard McIlwain

Download or read book Constitutionalism written by Charles Howard McIlwain and published by The Lawbook Exchange, Ltd.. This book was released on 2005 with total page 172 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines of the rise of constitutionalism from the "democratic strands" in the works of Aristotle and Cicero through the transitional moment between the medieval and the modern eras.

Regulating Risks in the European Union

Author : Maria Weimer
Publisher : Bloomsbury Publishing
ISBN 13 : 1509912665
Total Pages : 296 pages
Book Rating : 4.5/5 (99 download)

DOWNLOAD NOW!

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 296 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.

Constitutionalism and the Separation of Powers

Author : M. J. C. Vile
Publisher :
ISBN 13 : 9780865971752
Total Pages : 0 pages
Book Rating : 4.9/5 (717 download)

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Book Synopsis Constitutionalism and the Separation of Powers by : M. J. C. Vile

Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

Precautionary Risk Appraisal and Management

Author : Ortwin Renn
Publisher : BoD – Books on Demand
ISBN 13 : 3941482254
Total Pages : 302 pages
Book Rating : 4.9/5 (414 download)

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Book Synopsis Precautionary Risk Appraisal and Management by : Ortwin Renn

Download or read book Precautionary Risk Appraisal and Management written by Ortwin Renn and published by BoD – Books on Demand. This book was released on 2009 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the major challenges of our time is the management of risks emanating from modern technologies. Yet as diverse as these technologies are, ranging from nuclear power generation over genetically modified organisms to nanotechnology and many more, as different are the risk management and regulation strategies offered to cope with their potential risks. This book is therefore dedicated to one of these strategies, the Precautionary Principle. The book offers a general model for the implementation of the Precautionary Principle for risk regulation. At the same time, the book integrates various scientific approaches towards the Precautionary Principle, such as the social sciences, natural sciences and law.