Codification of Administrative Law : : A Comparative Study on the Sources of Administrative Law / / Felix Uhlmann.

• VerfasserIn: Uhlmann, Felix,
• TeilnehmendeR: Uhlmann, Felix,
• Place / Publishing House: Gordonsville : : Hart Publishing, An Imprint of Bloomsbury Publishing,, 2023.
• Year of Publication: 2023
• Language: English
• Physical Description: 1 online resource

"This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. This Open Access book blends constitutional theory with real-life political practice to explore the impact of codifying constitutional amendments on the operation of the constitution in relation to democracy, the rule of law, and the separation of powers. It draws from comparative, historical, political, and theoretical perspectives to answer questions all constitutional designers should ask themselves: - Should the constitution append amendments sequentially to the end of the text? - Should it embed amendments directly into the existing text, with notations about what has been modified and how? - Should it instead insert amendments into the text without indicating at all that any alteration has occurred? The book examines the 3 major models of amendment codification-the appendative, the integrative, and the invisible models-and also shows how some jurisdictions have innovated alternative forms of amendment codification that combine elements of more than 1 model in a unique hybridisation driven by history, law, and politics. Constitutional designers rarely consider where in the constitution to codify amendments once they are ratified. Yet this choice is pivotal to the operation of any constitution. This groundbreaking book shows why the placement of constitutional amendments goes well beyond mere aesthetics. It influences how and whether a people remembers its past, how the constitutional text will be interpreted and by whom, and whether the constitution will be easily accessible to the governed. A global tour of the high stakes of constitution-making, this book features 18 diverse and outstanding scholars from around the world-across Africa, America, Asia and Oceania, and Europe-raising new questions, opening our eyes to new streams of research, and uncovering new possibilities for constitutional design"-- Provided by publisher.

Table of Contents

Introduction1. The 'Codification' of Administrative Law in Australia, Janina Boughey (University of New South Wales, Australia)2. Codification of Administrative Law in Austria, Konrad Lachmayer (Sigmund Freud University, Austria)3. Codification of Belgian Administrative Law 'Nothing is Written, Stéphanie De Somer (University of Antwerp, Belgium) and Ingrid Opdebeek (University of Antwerp, Belgium)4. A Persistent Taste for Diversity: Codification of Administrative Law in Canada, Pierre Issalys (Laval University, Canada)5. Codification of Administrative Law: A French Oxymoron, Delphine Costa (Aix Marseille University, France)6. Codification of Administrative Law in Germany and the European Union, Markus Heintzen (University of Berlin, Germany)7. Administrative Proceedings in Italy, Roberto Caranta (University of Turin, Italy)8. Codification of Administrative Law in the Netherlands, Ymre E Schuurmans (University of Leiden, Netherlands), Tom Barkhuysen (University of Leiden, Netherlands) and Willemien den Ouden (University of Leiden, Netherlands)9. Codification of Norwegian Administrative Law, Jon Christian Fløysvik Nordrum (University of Oslo, Norway)10. Codification of Administrative Law in Sweden, Jane Reichel (Stockholm University, Sweden) and Michaela Ribbing (Stockholm University, Sweden)11. Codification of Administrative Law in Switzerland, Felix Uhlmann (University of Zurich, Switzerland)12. Codification of Administrative Law in the United Kingdom: Beyond the Common Law, Sarah Nason (Bangor University, United Kingdom)13. The United States: Systematic but Incomplete Codification, Edward L Rubin (Vanderbilt University, United States of America)14. Science Codification for the European Union: The ReNEUAL-Network: On the Limits of Legal Control of Innovation and Technology, Ariane Berger (University of Berlin, Germany)15. Comparative Analysis, Felix Uhlmann (University of Zurich, Switzerland).