Suchergebnisse

THIS PAPER BUILDS UPON SOME WELL-KNOWN FACTS ABOUT STATE GOVERNMENT TO GENERATE NEW CONCLUSIONS ABOUT SOCIAL CHOICE ON THE NATIONAL LEVEL OF A FEDERAL REPUBLIC. THE PAPER SHOWS THAT WHEN AUTHORITY IS DIVIDED THE CHOICES OF LOWLEVEL GOVERNMENTS CAN HAVE IMPORTANT CONSEQUENCES FOR THE DECISIONS OF HIGHER-LEVEL GOVERNMENTS.

Introduction / Peter L. Strauss -- What's democratic about administration? / Blake Emerson -- The lawfulness of public law in Germany and United States / Jud Mathews & Joshua Spannaus -- Administrative resilience / Stefanie Egidy -- Bureaucrats as temporary leaders / Anne Joseph O'Connell -- The creation of the modern American civil service and the (constitutional) limits of German influence / Matthias Rossbach -- The neoliberal turn of contemporary French administrative law / Thomas Perroud -- Law and monetary policy : from limited judicial review to parliamentary scrutiny in the European Monetary Union / Joana Mendes -- Administrative democracy and federalism : the US, the EU, and Canada / Athanasios Psygkas -- From elections to autocracy : can strategic decentralization bring us back? / Maciej Kisilowski -- Judicial review of the executive in hyper-presidential regimes / Edgar Andrés Melgar & Susan Rose-Ackerman -- Equal versus efficient security against crime : differences and unintended consequences / Hans-Bernd Schäfer -- Administration and democracy / Peter Lindseth.

Cover -- Half Title -- Series Page -- Title Page -- Copyright Page -- Table of Contents -- List of Figures -- List of Tables -- List of Contributors -- Chapter 1 Foreword and overview -- Public sector performance, development, and public participation -- Chapter 2 Improving public sector performance in developing countries: Practice meets scholarship -- Chapter 3 The strength of weak effects -- Chapter 4 Finance, state-owned enterprises, and development: A comparative study of pawnshops in Brazil, Mexico and Taiwan -- Chapter 5 Developing countries' utilization of GSP: Labor standards, the margin of preference, and the demand for zero tariffs -- Chapter 6 The mandate trilemma: Central banking in an era of credit crises -- Corruption, state capture, and policymaking -- Chapter 7 Anticorruption challenges in Argentina -- Chapter 8 Good news? Latin American corruption scandals and the COVID-19 pandemic -- Chapter 9 Politicization of international anticorruption law -- Chapter 10 Scope and precision in the laws against corporate bribery -- Chapter 11 The corruption-FDI nexus in the global defense industry -- Chapter 12 State capture matters: Considerations and empirics toward a worldwide measure -- Chapter 13 Promoting political equality in healthcare -- Index.

A defense of regulatory agencies' efforts to combine public consultation with bureaucratic expertise to serve the interest of all citizens The statutory delegation of rule-making authority to the executive has recently become a source of controversy. There are guiding models, but none, Susan Rose-Ackerman claims, is a good fit with the needs of regulating in the public interest. Using a cross-national comparison of public policy-making in the United States, the United Kingdom, France, and Germany, she argues that public participation inside executive rule-making processes is necessary to preserve the legitimacy of regulatory policy-making.

A defense of regulatory agencies' efforts to combine public consultation with bureaucratic expertise to serve the interest of all citizens The statutory delegation of rule-making authority to the executive has recently become a source of controversy. There are guiding models, but none, Susan Rose-Ackerman claims, is a good fit with the needs of regulating in the public interest. Using a cross-national comparison of public policy-making in the United States, the United Kingdom, France, and Germany, she argues that public participation inside executive rule-making processes is necessary to preserve the legitimacy of regulatory policy-making

Klappentext: All representative democracies must balance democratic accountability against the competent implementation of complex statutes. Achieving this balance in administrative law will be aided by drawing on insights from economics and political economy. This important volume collects the best work in this area and is of significance for scholars of public law and economics around the world. The editor's authoritative selection of papers, anchored in the American system of administrative law, mixes theoretical, legal, and empirical studies by leading interdisciplinary scholars. It thus provides an up-to-date introduction to modern work in the economics of administrative law.

The countries of Central Europe in the first round for admission to the European Union have all established constitutional, electoral democracies and market economies. However, much remains to be done to achieve fully consolidated democratic states. This study documents the weaknesses of public oversight and participation in policymaking in Hungary and Poland, two of the most advanced countries in the region. It discusses five alternative routes to accountability including European Union oversight, constitutional institutions such as presidents and courts, devolution to lower-level governments, the use of neo-corporatist bodies, and open-ended participation rights. It urges more emphasis on the fifth option, public participation. Case studies of the environmental movement in Hungary and of student groups in Poland illustrate these general points. The book reviews the United States' experience of open-ended public participation and draws some lessons for the transition countries from the strengths and weaknesses of the American system

"Although many people feel that Germany provides a model for environmental policymaking, this book shows that it does not. German administrative law, which focuses on individuals' complaints against the state for violating their rights, does not deal adequately with the broad issues of democratic legitimacy and accountable procedures raised in American courts. Susan Rose-Ackerman compares regulatory law and policy in the United States and Germany and argues that the American system can provide lessons for those seeking to reform environmental policymaking in Germany and the newly democratic states of eastern Europe." "Democratic governments, says Rose-Ackerman, face the problem of balancing the desires and expertise of conflicting interest groups, such as those that concern themselves with environmental protection. Under German law, however, environmental associations with policy agendas have no enforceable legal right to participate in federal policymaking, and regulation writing is much less open and accountable than in the United States. The U.S. Supreme Court is moving in the direction of the German system - away from review of the rulemaking process and toward a focus on individual rights. Those who support this trend should look critically at the German solution."--Jacket