The second volume in this series explores the evolution of administrative laws in Europe to better understand the foundations of EU institutions, focusing on the period of 1890-1910. These years saw both a growth of governments and either the entry into force or the consolidation of mechanisms of control on public authorities. Comparing the Austro-Hungarian Empire, Belgium, France, the German Empire, Italy, and the United Kingdom, this title focuses on their historical administrative actions and looks at their development during that time.
The volume contains three sections. The first introduces the project and the topic. The second covers the six legal systems chosen for this study, looking at the historical context. The third takes a comparative approach across the six systems, following on from their histories to look at their development and legacies. This edited collection expands on the ideals of a common core within European administrative law and how they have shaped our world.
This volume is an essential tool for anyone involved in administrative and constitutional law and legal history.
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xi | |
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xvii | |
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xix | |
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1 Commonality and Diversity in Administrative Justice: Fin de siecle |
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3 | (38) |
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PART II THE LEGAL SYSTEMS SELECTED FOR COMPARATIVE ANALYSIS |
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2 Standards of Judicial Review of Administrative Action (1890-1910) in the Austro-Hungarian Empire |
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41 | (32) |
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3 The Administration and the Judge: Pragmatism in Belgian Case Law (1890-1910) |
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73 | (40) |
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4 The Judicial Elaboration of Standards for Public Administrations in France |
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113 | (19) |
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5 Standards of Judicial Review of Administrative Action (1890-1910) in the German Empire |
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132 | (30) |
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6 Initial Investigation on Excess of Power: Judicial Review of Administrative Action in Italy (1890-1910) |
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162 | (31) |
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7 The Historical Foundations of Judicial Review in the United Kingdom |
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193 | (40) |
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PART III COMPARATIVE STUDIES |
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8 Liberal Democracies and the Control of Virtue: The Weakening of Representative Regimes and the Expansion of the Judiciary |
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233 | (13) |
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9 Judicial Review of Administrative Action (1890-1910): A Brief Comparison between the Austro-Hungarian and the German Empires |
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246 | (11) |
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10 The Development of Administrative Law in the United Kingdom (1890-1910) |
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257 | (25) |
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11 The Formation of the Italian Administrative Justice System, European Common Principles of Administrative Law, and `Jurisdictionalization of Administrative Justice in the Nineteenth Century' |
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282 | (29) |
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12 The Administrative World of Yesterday |
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311 | (8) |
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| Selected Bibliography |
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319 | (4) |
| Index |
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323 | |
Giacinto della Cananea is a professor and leading authority on EU administrative law and comparative administrative law. His publications include five monographs, 20 edited volumes, and over 150 articles, book chapters, and comments to judicial decisions on national and EU administrative law, global administrative law, and public finances. He is a co-ordinator of ReNEUAL, and a member of the European Group of Public Law, the European Constitutional Law Network, the Societas Juris Public Europei, and the Dornburg Group of Administrative Law.
Stefano Mannoni is full professor of legal history at the University of Florence. He has published mainly on history of public law, notably history of state and centralization building in France and history of public international law. He served from 2005 to 2012 as a regulator of the Italian audio-visual and telecommunications industry and since then he has written extensively on the topic of law and technology. In 2013, he was appointed a member of the commission for the reform of the Italian constitution.
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