This paper explores how the use administrative discretion is affected by courts and tribunals having the power to interpret international treaties. In particular, the paper examines the impact of a distinct part of the practice of three different courts and tribunals: (1) The WTO … [Read more...]

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...]

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...]

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...]

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...]