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The post Comparative Constitutional Law and Administrative Law Journal Volume VIII Issue II appeared first on Völkerrechtsblog.

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Administrative silence, also known as formal inactivity of the administration, is an important topic in the field of comparative administrative law and has gained recognition in many legal systems around the world. It is seen as a necessary tool for the protection of individual rights and, in many jurisdictions, it is considered a constitutional guarantee that citizens have against the powers of administrative authorities. Many international human rights treaties impose a duty on these authorities to respond to citizens' petitions. However, when there is a failure in this duty by an administrative authority, there is a requirement to determine how this has happened and the consequences of this failure. This book provides an overview of the concept of administrative silence, its importance in protecting individual rights, and explores how it is recognised and applied within 21 jurisdictions around the word. It is a useful reference for anyone interested in the subject and it aims to improve knowledge on the topic and gives it the attention that it deserves within the framework of comparative administrative law.

This article presents an analysis of the ways in which the public-private law divide is envisioned in French, English and Dutch law. First, it explains why French law's tradition of regarding public and private law as 'two separated worlds' is now outmoded, failing to live up to the present trends of 'governmentality' and 'network governance' determining the modern art of government. Subsequently, it argues that the holistic idea of English common law as French law's conceptual counterpart is equally outmoded, with its ideology of 'self-government' within a 'stateless society' being out of touch with an age of managerialism and 'governmentality' in which the state withdraws from society only to increase its grip on societal processes. Finally, it proposes a paradigm recently developed in Dutch doctrinal thought as an attractive theoretical framework for structural innovations that may contribute to a stable and legitimate system of modern European public law that attunes to its present context without being alienated from its central classical tenets – be it either those rooted in the French or the English tradition.

This book aims to provide an overview of the administrative law in Romania, emphasizing its particularities in comparative law and the changes that have occurred, as a result of integration into the European Union. Administrative law is the branch of law that includes the legal norms that regulate the social relations regarding the organization, activity, control and responsibility of the public administration, based on and in the application of the law. The book analyzes the organization and functioning of the institutions that make up the public administration in Romania, the means of action (the administrative act, the administrative contract, the administrative operations), the material means (the goods in the public domain) and the personnel (public function) at its disposal. This volume is aimed at practitioners, researchers, students and PhD candidates in juridical and administrative sciences, who are interested in recent developments and prospects for development in the field of administrative law and public administration at international and national level.

The author considers the interrelationship between the legislative formalization of administrative responsibility and the acceptance or non-acceptance of the ethical and legal principle of transparency of power, understood as free access to information. The universality of the right to information is substantiated. The paper shows the transition of the legislation of various countries from the principle of secrecy of any information at the disposal of state bodies to the principle of transparency, considered as freedom of search, receipt and dissemination of information. This transition is shown in dynamics as going through several stages. The author considers various models of administrative responsibility adopted in various jurisdictions, mainly in European countries, in comparison with the American model. Their mutual influence is also taken into consideration. Much attention is paid to the need for the correct application of the principle of transparency. It is noted that the declarations underlying the new rules adopted recently cannot give real innovative effects if the reforms are not accompanied by changes in organizational structures and additional financial investments. At the same time, the completeness of the transition from the secrecy regime to the principle of transparency is determined by the legal traditions that have developed in different countries.

Diapositives versus movies : the inner dynamics of the law and its comparative account / Mauro Bussani and Ugo Mattei -- Part I. Knowing comparative law -- Comparative law and neighbouring disciplines / Mathias Reimann -- Political ideology and comparative law / Duncan Kennedy -- Economic analysis and comparative law / Nuno Garoupa and Tom Ginsburg -- Comparative law and anthropology / Lawrence Rosen -- Comparative law and language / Barbara Pozzo -- Part II. Comparative law fields -- Comparative studies in private law / Franz Werro -- Comparative administrative law / Francesca Bignami -- Comparative constitutional law / Günter Frankenberg -- Comparative criminal justice / Elisabetta Grande -- Comparative civil justice / Oscar G. Chase and Vincenzo Varano -- Comparative law and international organizations / George A. Bermann -- Part III. Comparative law in the flux of civilizations -- The East Asian legal tradition / Teemu Ruskola -- The Jewish legal tradition / J. David Bleich and Arthur J. Jacobson -- The Islamic legal tradition / Khaled Abou El Fadl -- The sub-Saharan legal tradition / Rodolfo Sacco -- The Latin American and Caribbean legal traditions / Diego López-Medina -- Mixed legal systems / Vernon Valentine Palmer -- Democracy and the Western legal tradition / Mauro Bussani

Informalizing informal rule making / Richard Murphy -- Is the U.S. Supreme Court becoming hostile to the administrative state? / Jeffrey S. Lubbers -- Renovating administrative procedure : an impressionistic guide to the American experience / Peter L. Strauss -- Agency coordination as agency action / Robert B. Ahdieh -- Tradition and renewal of administrative ex ante controls of legality : the case of Toma de Razâon in Chile / Gabriel Bocksang Hola -- A misinterpretation or a productive diversion? The rise and fall of the "relationship of reciprocal interchangeability" concept and the possibility of reception of a legal interpretation / Narufumi Kadomatsu -- Two conundrums of Canadian administrative law and a theoretical turn / Hoi L. Turn -- Recent developments in administrative law : the tremors of March 9, 2015 / Peter L. Strauss -- Proceeding without an Administrative Procedure Act : the Australian story / Margaret Allars -- The constitution as a primary Administrative Procedure Act in Chilean law / Gabriel Bocksang Hola -- Administrative searches and the need for reform / Russell L. Weaver -- Taking "regulatory courts" seriously -a perspective from Japanese city planning law / Narufumi Kadomatsu -- Chevron with teeth : judicial deference and information elicitation / Cheng-Yi Huang -- The proliferation of administrative searches in the modern administrative state / Russell L. Weaver