In most Western countries liberalism meant that administrative law provided a remedy against public action that would breach the principle of the freedom of trade. But in doing so freedom of trade was a freedom among others, it had no specificity in administrative law. It was … [Read more...]
‘Down the Rabbit Hole’: The Projection of the Public/Private Distinction Beyond the State
This paper deals with two of the greatest “dualisms” present in contemporary legal systems: the distinction between international law and domestic law on one hand, and the distinction between public law and private law on the other. The evolution of these two great … [Read more...]
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Equilibrium, Demoi-cracy, and Delegation: On the ‘Administrative, not Constitutional’ Legitimacy of European Integration
To argue, as this contribution does, that European integration enjoys an “administrative, not constitutional” legitimacy is to take a position in obvious tension with the deeply-rooted conceptual framework—what we might call the “constitutional, not … [Read more...]
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Nudging Legally On the Checks and Balances of Behavioural Regulation
As behavioural sciences are unearthing the complex cognitive framework in which people make decisions, policymakers seem increasingly ready to design behaviourally-informed regulations to induce behaviour change in the interests of the individual and society. After discussing … [Read more...]
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Transnational Legal Approaches to Administrative Law: Conceptualizing Public Contracts in Globalization
The advent of multipolar administrative law poses challenges to the theory of administrative law. These consist in the growing disconnect between administrative law and the nation-state and the continuously close interaction, and at times fusion, of domestic and international … [Read more...]
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