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Due Process of Lawmaking
This comparative study of the law of lawmaking demonstrates the interplay between constitutional principles and political imperatives in four modern polities.
Traditions and Transformations
German constitutionalism has gained a central place in the global comparative debate, but what underpins it remains imperfectly understood. Its distinctive understanding of the rule of law and the widespread support for its powerful Constitutional Court are typically explains in one of two ways: either as a story of change in a reaction to National Socialism or as the continuation of an older nineteenth-century line of constitutional thought that emphasizes the function of constitutional law as a constraint on state power. But while both narratives account for some important features, their explanatory value is ultimately overrated. This book adopts a broader comparative perspective to under...
Public Administration and Expertise in Democratic Governments
This collection deals with challenges confronting public law and public administration in twenty-first century democracies across the world. It draws together contributions from leading scholars, examining cutting-edge topics, and projecting the scholarship forward. It emphasizes the importance both of justifying executive policymaking to citizens and of drawing on bureaucratic expertise and professional competence. Contributors examine the role of courts and argue for new forms of public participation that can incorporate democratic values into executive-branch policymaking. Finally, the work confronts problems in the administration of the criminal law that are generating increased public concern. Building on Rose-Ackerman’s scholarship, writers compare the American experience with contemporary developments in other leading democracies – in particular, Germany, France, the EU, Canada, and Latin America. The work will be an invaluable resource for academics, researchers and policymakers working in the areas of Administrative Law, Public Law, and Political Science.
Comparative 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.
Report of the Expert Advisory Group on Anti-Corruption, Transparency, and Integrity in Latin America and the Caribbean
Recent corruption scandals have shown the negative effects that corruption may have in countries around the world, including those of the Latin American and Caribbean region. The Inter-American Development Bank has therefore convened an independent group of experts composed by eight governance and anti-corruption scholars and practitioners to identify innovative and effective approaches to combat corruption in the region. Drawing on the members’ decades of experience, this report analyzes the key features of corruption in the region and proposes an ambitious agenda toward more systemic transformation. The report targets a series of measures aimed at strengthening the rule of law and public institutions, addressing state capture, and helping to meet citizens’ aspirations for sustainable and inclusive development. Hence, the report recommends a multi-layered approach that requires collective action by governments, the private sector, civil society, and international institutions to tackle the roots of corruption and capture through global, regional, and domestic initiatives.
Corruption and Government
This new edition of a 1999 classic shows how institutionalized corruption can be fought through sophisticated political-economic reform.
Comparative Law and Regulation
Governance by regulation – rules propounded and enforced by bureaucracies – is taking a growing share of the sum total of governance. Once thought to be an American phenomenon, it is now a central form of state action in every part of the world, including Europe, Latin America, and Asia, and it is at the core of much international lawmaking. In Comparative Law and Regulation, original contributions by leading scholars in the field focus both on the legal dimension of regulation and on how this dimension operates in those places that have turned to regulation to meet their obligations.
Institutions, Governance and the Control of Corruption
This book considers how emerging economies around the world face the challenge of building good institutions and effective governance, since so much of economic development depends on having these in place. The promotion of shared prosperity and the battle against poverty require interventions to reach out to the poor and the disadvantaged. Yet time and again we have seen such effort foild or diminished by corruption and leakage. The creation of good governance and institutions and structures to combat corruption require determination and passion but also intricate design rooted in data, analysis, and research. In this book, leading researchers from around the world bring to the table some of the best available ideas to help create better governance structures, design laws for corruption control, and nurture good institutions.
Deliberate Ignorance
Psychologists, economists, historians, computer scientists, sociologists, philosophers, and legal scholars explore the conscious choice not to seek information. The history of intellectual thought abounds with claims that knowledge is valued and sought, yet individuals and groups often choose not to know. We call the conscious choice not to seek or use knowledge (or information) deliberate ignorance. When is this a virtue, when is it a vice, and what can be learned from formally modeling the underlying motives? On which normative grounds can it be judged? Which institutional interventions can promote or prevent it? In this book, psychologists, economists, historians, computer scientists, sociologists, philosophers, and legal scholars explore the scope of deliberate ignorance.
Trust, Courts and Social Rights
Trust, Courts and Social Rights proposes an innovative legal framework for judicially enforcing social rights that is rooted in public trust in government or 'political trust'. Interdisciplinary in nature, the book draws on theoretical and empirical scholarship on the concept of trust across disciplines, including philosophy, sociology, psychology and political theory. It integrates that scholarship with the relevant public law literature on social rights, fiduciary political theory and judicial review. In doing so, the book uses trust as an analytical lens for social rights law – importing ideas from the scholarship on trust into the social rights literature – and develops a normative argument that contributes to the controversial debate on how courts should enforce social rights. Also global in focus, the book uses cases from courts in Africa, Europe, Latin America and North America to illustrate how the trust-based framework operates in practice.
