Cultures of Administrative Law in Europe: From Weberian Bureaucracy to ‘Law and Economics’

Author(s):  
Nuno Garoupa ◽  
Sofia Amaral-Garcia

This chapter provides a rational choice theory to explain why features of administrative law vary across jurisdictions. It relates these varying features of administrative law to economic performance (as measured by macroeconomic variables or more specific variables such as rule of law, judicial effectiveness, governance indicators, or quality of legal institutions). The chapter also reveals a normative dimension related to the inevitable question of which arrangements or institutions produce better results. To that end, it reviews the current economic models of administrative adjudication. The chapter next takes a look at some more specific topics: specialized agencies, specialized courts, and state liability. Finally, it looks at the role of the interaction between administrative and constitutional law as well as rule-making and other types of executive policy-making.


2018 ◽  
Vol 9 (3) ◽  
pp. 391-415 ◽  
Author(s):  
Maria DE BENEDETTO

The question of effective law has been studied in many fields of research, such as philosophy and sociology of law, law and economics, public policy and behavioural sciences. This article aims to treat it as a genuine administrative law issue which is currently having a significant impact on administrative procedures, especially affecting the way in which rules are adopted and implemented. Furthermore, the article attempts to reconcile conflicting views in existing literature on the meaning of effective law and on which factors lead to effectiveness by proposing an integrated approach: starting from a regulatory perspective it considers both traditional determinants of effectiveness, ie compliance and enforcement, as well as the emerging aspect of outcomes, focused on the idea that a rule can be defined as effective when its desired effects have been achieved and the public interest which justifies the rule has been safeguarded without producing unwanted or disfunctional consequences.Far from being simply a decisional problem for institutions (arising in legislative, regulatory and administrative procedures), effectiveness calls for a “steering administration” and represents a criterion for decision-making, since expected effectiveness can be used in the logic of “whether” and “how” institutions should arrive at decisions.


2021 ◽  
Vol 30 (4) ◽  
pp. 459
Author(s):  
Adam Ostrowski

<p>The aim of the article is to analyse source materials related to the functioning of the Chair of Administration Science and Administrative Law at the University of Poznań. The study discusses the problems experienced by the then-contemporary scientific and lecturing staff, and also characterised the atypical structure of the Faculty of Law and Economics, as composed of the sections of state law and economy. The organization of the chairs of administrative law at the University of Poznań was separated and their main research and development directions and the most important representatives were indicated. The article broadly discusses the issue of teaching administrative law in comparison to other chairs of the University of Poznań, so that the conclusions give the best possible image of the discussed subject.</p>


Criminologie ◽  
2005 ◽  
Vol 30 (1) ◽  
pp. 9-34 ◽  
Author(s):  
Laureen Snider

This paper examines the ideological and political collapse of laws regulating corporate crime in North America. In an era where social control and criminalization are steadily increasing, corporate crime has been normalized, shorn of its negative, criminal implications, de-regulated in law. The paper asks why this has happened, looking first at the century-long battle waged by labour and other counter-hegemonic groups to censure and control the antisocial acts of corporations through the passage of criminal legislation. Second, it examines the role criminology as a discipline played in this process, and the subsequent replacement of criminological discourse and influence by the newly-ascendent law and economics movement, which has provided the much of the academic support for de-regulation. Both developments, it is argued, are linked to changes in global capitalism and the weakened nation-state. Finally, the paper argues that the removal of regulation through criminal or administrative law, and of its accompanying rhetorics of denunciation, has grave consequences for social policy. The structural and ideological forces of global capitalism that have normalized corporate crime have also provided ideal conditions for increases in its incidence and impact.


2019 ◽  
Vol 278 (1) ◽  
Author(s):  
Alice Voronoff

<p>Administrative sanctions law: a pragmatic approach considering findings from law and economics</p><p> </p><p>As transformações que têm impulsionado o direito administrativo brasileiro devem repercutir também sobre sua vertente sancionatória, com vista à construção de arranjos fiscalizatórios e punitivos mais efetivos e eficientes. A proposta do artigo é de que a adoção de um olhar pragmático, atento às consequências práticas e a aspectos empíricos, pode contribuir nesse sentido. Para tanto, os estudos desenvolvidos por autores da análise econômica do direito apresentam-se como um importante ferramental, com destaque para a lógica de incentivos econômicos adotada pela Escola de Chicago e para a teoria da escolha pública, atribuída à Escola de Virgínia. Elementos extraídos desses modelos teóricos permitem a construção de raciocínios analíticos mais criativos e sensíveis a elementos de complexidade, aptos a auxiliar na delimitação de premissas fáticas adequadas, na fixação de linhas de investigação corretas e no alcance de diagnósticos mais precisos em torno das reais (d)eficiências dos modelos e práticas sancionatórios.</p><p> </p><p>The ongoing transformations in the Brazilian Administrative Law must also affect its sanctioning approach in terms of developing more effective and efficient auditing and penalization mechanisms. In this article we propose that a pragmatic approach that takes actual consequences and empirical aspects in account, can present valuable contributions to that matters. Thus, the studies developed by authors in the field of Law and Economics provide important tools, specially regarding the logic of economic incentives adopted by the School of Chicago and the theory of public choice connected to the School of Virginia. These theoretical models provide elements that allow the development of analytical reasoning that are more creative and also more sensible to complexities. They can also help to define adequate factual assumptions, establish correct research lines and achieve more precise diagnostics about the real (d)efficiencies of sanctioning models and practices.</p>


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