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Halberstam, Daniel --- "The promise of comparative administrative law: a constitutional perspective on independent agencies" [2017] ELECD 1090; in Rose-Ackerman, Susan; Lindseth, L. Peter; Emerson, Blake (eds), "Comparative Administrative Law" (Edward Elgar Publishing, 2017) 139

Book Title: Comparative Administrative Law

Editor(s): Rose-Ackerman, Susan; Lindseth, L. Peter; Emerson, Blake

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781784718657

Section: Chapter 9

Section Title: The promise of comparative administrative law: a constitutional perspective on independent agencies

Author(s): Halberstam, Daniel

Number of pages: 20

Abstract/Description:

An important strand of comparative administrative law examines administrative practice across various jurisdictions in search of commonalities and often with a view to improving the administrative process wherever it may be employed. This chapter suggests a somewhat different perspective: understanding the turn to administrative agencies as a specific reaction to the perceived pathologies of the generally constituted branches of government. Viewed thus, the most promising aspect of comparative administrative law may be to provide valuable insight into the rather different constitutional hopes and fears that prevail in different legal systems. Once we bring these into focus, we find rather striking – and neglected – discontinuities in the constitutional significance of administrative agencies in such systems as the United States, Germany, and France.