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Creating the Administrative Constitution
This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution's first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the author's words, will \"demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic.\"
eBook
Public participation in environmental assessment and decision making
Federal agencies have taken steps to include the public in a wide range of environmental decisions. Although some form of public participation is often required by law, agencies usually have broad discretion about the extent of that involvement. Approaches vary widely, from holding public information-gathering meetings to forming advisory groups to actively including citizens in making and implementing decisions.
Proponents of public participation argue that those who must live with the outcome of an environmental decision should have some influence on it. Critics maintain that public participation slows decision making and can lower its quality by including people unfamiliar with the science involved.
This book concludes that, when done correctly, public participation improves the quality of federal agencies' decisions about the environment. Well-managed public involvement also increases the legitimacy of decisions in the eyes of those affected by them, which makes it more likely that the decisions will be implemented effectively. This book recommends that agencies recognize public participation as valuable to their objectives, not just as a formality required by the law. It details principles and approaches agencies can use to successfully involve the public.
eBook
Research handbook on global administrative law
\"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. 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.\"--Back cover.
Book
Administrative Justice and Asylum Appeals
Over recent years, the asylum appeal process has become a major area of judicial decision-making and the most frequently restructured tribunal system. Asylum adjudication is also one of the most difficult areas of decision-making in the modern legal system. How are we to assess and evaluate the quality of the tribunal systems that do the day-to-day work of adjudicating the disputes individuals have with government? This highly topical book examines how the idea of adjudicative quality works by presenting a detailed case-study of the tribunal system responsible for determining appeals lodged by foreign nationals who claim that they will be at risk of persecution or ill-treatment on return to their country of origin. Integrating empirical research with legal analysis, the book provides an in-depth study of the development and operation of the tribunal system and of asylum decision-making. It examines how this particular appeal process seeks to mediate the tension between the competing values under which it operates. The book looks at the organization of the tribunal system, its procedures, the nature of fact-finding in asylum cases, and the operation of onward rights of challenge. It also looks at how the tensions inherent in the idea of administrative justice are manifested in the context of a tribunal system responsible for making potentially life or death decisions. Filling a gap in this area of study, the book will be of value to all those interested in administrative law and asylum adjudication. This book is the First place winner of the Society of Legal Scholars Birks Prize for Outstanding Legal Scholarship 2011.
eBook
Betting on Macau
A comprehensive look into how Macau's recent decades of
gambling-related growth produced one of the wealthiest territories
on the planet
Betting on Macau delves into the radical transformation
of what was formerly the last remaining European territory in Asia,
returned to the People's Republic of China in 1999 after nearly
half a millennium of Portuguese rule. Examining the unprecedented
scale of its development and its key role in China's economic
revolution, Tim Simpson follows Macau's emergence from historical
obscurity to become the most profitable casino gaming locale in the
world.
Identified as a UNESCO World Heritage Site and renowned for its
unique blend of Chinese and Portuguese colonial-era architecture,
contemporary Macau has metamorphosed into a surreal, hypermodern
urban landscape augmented by massive casino megaresorts, including
two of the world's largest buildings. Simpson situates Macau's
origins as a strategic trading port and its ensuing history
alongside the emergence of the global capitalist system, charting
the massive influx of foreign investment, construction, and tourism
in the past two decades that helped generate the territory's
enormous wealth.
Presented through a cross section of postcolonial studies and
social theory with extensive insight into the global gambling
industry, Betting on Macau uncovers the various roots of
the territory's lucrative casino capitalism. In turn, its trenchant
analysis provides a distinctive view into China's broader project
of urbanization, its post-Mao economic reforms, and the continued
rise of its consumer culture.
eBook
Law and New Governance in the EU and the US
New approaches to governance have attracted significant scholarly attention in recent years. Commentators on both sides of the Atlantic have identified, charted and evaluated the rise and spread of forms of governance, forms which seem to differ from previous regulatory and legal paradigms. In Europe, the emergence of the Open Method of Coordination has provided a focal point for new governance studies.
eBook