Administrative Law In A Global Era

Alfred C. Aman here examines how the U.S. public law system has adapted to change and how the regulatory structures and discourses of the past are being transformed by the global realities of the present. Tracing the evolution of administrative law during the regulatory eras of the New Deal and the environmental period of the 1960s and 70s as well as the current global deregulatory era beginning with the Reagan presidency, he illuminates key trends in the interpretation of constitutional and administrative law. In the course of examining important shifts in administrative law, Aman provides insights into the process of legal change and the discourses that shape our legal order. He also considers why such issues as the constitutionality of administrative agencies once again are serious legal concerns, and he assesses the trend toward increasing executive power over federal administrative agencies. This timely book will be welcomed by legal scholars, political scientists, American historians, policymakers, and other readers interested in the history and future of administrative law and international and domestic environmental regulation.

This article examines how the U.S. public law system adapted to change in the 1980s and how the regulatory structures and discourses of the past were being transformed by the global realities of the present. Tracing the evolution of administrative law during the regulatory eras of the New Deal and the environmental period of the 1960s and '70s as well as the global deregulatory era that began, in earnest, in the 1980s with the Reagan presidency, it illuminates key trends in the interpretation of constitutional and administrative law. In so doing, it provides insights into the process of legal change and the discourses that continue to shape our legal order today. The article first analyzes the legal and political contexts of the New Deal and the environmental eras by focusing on two judicial review doctrines that typify them - the doctrine of deference in the New Deal and the hard look doctrine in the environmental era. It argues that these two approaches to judicial review were products of very different conceptions of progress and change in those periods and explains how courts chose between the two approaches when they reviewed agency deregulation of rules emanating from environmental health and safety concerns. Focusing on the emergence of the doctrine of presidential deference, it then examines agency deregulation and increased executive power as responses to increased global competition and the changing political and economic perspectives it requires. It goes on to analyze how emerging global environmental and developmental issues tempered domestic regulatory and deregulatory discourses based on the demands of global competition.

Sabino Cassese presents an incisive introduction to the essential principles of global law, exploring the central theories of globalization through an analysis of the main developments in this area. The Advanced Introduction concludes that despite the ongoing dialectic between national governments and international institutions, globalization and states are progressing in parallel, while civil societies are increasingly involved in the machinery of globalization.

This Handbook explores the main themes and topics of the emerging field of Global Administrative Law with contributions by leading scholars and experts from universities and organizations around the world. The variety of the subjects addressed and the internationality of the Handbook’s perspectives make for a truly global and multi-dimensional view of the field. The book first examines the growth of global administrations, their interactions within global networks, the emergence of a global administrative process, and the development of the rule of law and democratic principles at a global level. It goes on to illustrate the relationship between global law and other legal orders, with particular attention to regional systems and national orders. The final section, devoted to the emergence of a global legal culture, brings the book full circle by identifying the growth of a global epistemic community. The Research Handbook on Global Administrative Law provides a contemporary overview of the nascent field in detailed yet accessible terms, making it a valuable book for university courses. Academics and scholars with an interest in international law, administrative law, public law, and comparative law will find value in this book, as well as legal professionals involved with international and supranational organizations and national civil servants dealing with supranational organizations.

It gives us immense pleasure to get published book on one of the untouched topics of academic excellence; a topic the ignificance of which in this continuously changing world of Globalisation and Urbanization cannot be denied. We are pleased to roll out our book on Global Administrative Law. The scheme of the book starts from research paper contributed by the Editor-in-chief Dr. MOHMMAD. HMAD and Mr. HARSH RAJ JAISWAL on GLOBAL ADMINISTRATION OF INFORMATION COMMUNICATION TECHNOLOGY- NEED FOR CONVERGENCE. The theme of their paper rolls from giving an outlook to various horizons of Convergence in older sense to throwing light upon new horizons of Digital Convergence and the imminent and urgent need of Convergence Laws. According to the authors, obliged by new elements of electronic advancement fresh out of the new way to deal with regulations in the cyberspace would be ital.

This book seeks to enrich and refine global administrative law and EU administrative law analytical tools by examining their manifold relations. Its aim is to begin to explore the complex reality of the interactions between EU administrative law and global administrative law, to provide a preliminary map of such legal and institutional reality, and to review it. The book is the first attempt to analyze a dense area of new legal issues. The first part of the book contains core elements of a general theory of the relationships between global and EU administrative law: comparative inquiries, exchanges of legal principles, and developing linkages. The second part is devoted to special regulatory regimes, in which global and European law coexist, though not always peacefully. Several sectors are considered: cultural heritage, medicines, climate change, antitrust, accounting and auditing, banking supervision, and public procurement.

Global Administrative Law has recently emerged as one of the most important contemporary fields in public law scholarship. Concerned with developing fuller understandings of patterns in global governance, it represents one of the most insightful ways of viewing the multifarious forms of public power that now exist beyond the State. The present collection brings together some of the leading scholars working in the field of global administrative law to address past and future challenges related to global governance. Each of the contributions picks up on the more general theme of the values that do or should inform global administrative law, and the book in this way provides a novel and thought-provoking commentary on this most engaging area of debate. Values in Global Administrative Law will be of interest to public lawyers, social and political scientists and scholars of international relations. It will also be an invaluable resource for undergraduate and postgraduate courses that touch partly or exclusively on the challenges of global governance.

This book puts forward new thinking on how the theory and system of China's administrative law can meet the requirements of the low-carbon era based on the 25-year (1990-2015) development of China’s administrative law in addressing climate change. With the basic content and structure of administrative law as the analytical framework and from the two dimensions of restraining the government's own activities to meet low-carbon requirements and prompting the government to effectively perform the new function of implementing low-carbon regulations, this book systematically studies the due changes and developments of theories and systems such as the basic principles of administrative law, administrative entities, administrative actions, administrative processes and administration liabilities.The purpose of writing this book is to explore and answer the vital role of China’s administrative law in coping with climate change as well as the development of theories and systems of China's administrative law to comply with the new requirements proposed by the government administration in the low-carbon era.This book is the world’s first legal monograph devoted to low-carbon administration in China in the field of administrative law, with novel, prospective and pertinent viewpoints, unique analysis, rich content and detailed information. The study involves cross-disciplinary research in the field of environmental protection, environmental law and administrative law. The book is also a window for the development of China’s administrative law, especially the overall development of low-carbon administration in China.The publication of this book can provide a necessary theoretical basis for follow-up in-depth research on this topic from both China’s and international legal circles as well as related multidisciplinary researchers and provide a substantive reference for worldwide practical circles to make relevant decisions.

Global Administrative Law: Innovation and Development (first published as Acta Juridica 2009) brings together papers given at a workshop held in Cape Town in March 2008 - a joint venture between the New York University Law School and the Faculty of Law at the University of Cape Town. The papers critically explore the concept of Global Administrative Law in theory and its relevance to developing countries; the efficacy of regulatory regimes focused on international trade and finance; and recent developments in the crucially important area of intellectual property law. The lessons learned in the process will inform intellectual debate and assist in the development of practical measures in pursuit of the good governance of global power through the law.

Economic globalization has had a chilling effect on democracy since markets now do some of the work that governments used to do through the political process. More than two decades of deregulation have made a healthy economy appear to depend on unrestrained markets. But appearances are misleading—globalization is also a legal and political process. The future of democracy in the twenty-first century depends on the ability of citizens to reclaim a voice in taming globalization through domestic politics and law reform. "The book's topic could not be more important: how do we adapt contemporary democratic governance- and contemporary administrative law- to the challenge of a globalizing world?"—Kal Raustiala, UCLA School of Law Can citizens govern globalization? Aman argues that they can, and that domestic law has a crucial role to play in this process. He proposes to redefine the legal distinction between public and private to correspond to the realities of the new role of the private sector in delivering public services, and thereby to bring crucial sectors of globalization back within the scope of democratic reform. Basing his argument on the history of the policies that led to globalization, and the current policies that sustain it, Aman advocates specific reforms meant to increase private citizens' influence on globalization. He looks at particular problem areas usually thought to be domestic in nature, such as privatization, prisons, prescription drugs, and the minimum wage, as well as constitutional structural issues such as federalism and separation of powers.