The present paper intends to provide an overview and a critical assessment of the administrative simplification policies implemented in Portugal over the past 20+ years. Throughout these decades, the major instruments for administrative simplification have been: (i) Decree-Law n. 135/99, of 22...

The soft law is placed on a scale between freedom and control, autonomy, and hard law. At first sight, it falls short of building elements known in the legal principles of law, like transparency, certainty, and predictability, but on the other hand, it is needed to address areas where complexity...

This book chapter explores how common law (state or federal) tort law evolves to fill regulatory voids. Particularly in areas that pose emerging, and incompletely understood, health and safety risks, common law tort liability holds out the potential for a dynamic regulatory response, one that...

While a robust body of scholarship considers the regulatory dimensions of patent and copyright, there remains a puzzling absence of writing about copyright’s administrative law. This Article remedies this lacuna in the literature. It begins by tracing the history of regulatory copyright, which...

Despite the important role that courts play to supervise the legality of regulatory agencies' actions, only few comparative studies analyze the contents of judicial appeals against regulatory decisions within European countries. This paper builds on the comparative administrative law scholarship...

This article explores bureaucratization and its boundaries in the framework of cutting red tape in the regulation of administrative procedures. Law is not an end in itself but should contribute to predictable and thus better relations in society. In this sense, the priority protection of public...

The article deals with the idea of simplification of administrative procedure on the example of legal regulation that can be found in Poland, Slovakia, the Czech Republic, and Hungary. This legal regulation comes from the same or similar evolution and legal conditions. General legal regulation...

Norway has a high degree of digitalisation. In the public sector, there is a long tradition of automation of parts of case management. This includes automation of cases where a public sector body makes a so-called individual administrative decision, that is, a decision made in the exercise of...

Policymakers across countries have been seeking to strengthen the institutional framework to control fiscal costs and feedback effects to the real economy generated by bank failures. On a cross-section of countries, we find evidence that suggests that bank supervisors' intervention in bank...

Recent Supreme Court jurisprudence in administrative law seems to embrace two competing visions of administrative legality and democratic legitimacy. On the one hand the Court is increasingly skeptical of congressional limitations on presidential powers of removal of administrative officers....

A world in turmoil caused by COVID-19 has revealed again what has long been true: the Federal Reserve is arguably the most powerful administrative agency in government, but neither administrative-law scholars nor the Fed itself treat it that way. In this Article, we present the first effort to...

This article presents a systematic consideration of how administrative law doctrines apply to banking supervision, an unusual form of administrative practice. First, it describes the rationales for, and process of, bank supervision. Key here is an explanation of why financial regulation that is...

The chapter investigates the role of domestic courts in the management of foreign relations (FRs). Combining insights from the ongoing trend towards the ‘administrativisation’ of the jurisdictional function and the theoretical approach of Global Administrative Law (GAL), it explores whether...

In this statement, the Committee on Capital Markets Regulation (the “Committee”) reaffirms its long-standing position that the Administrative Procedure Act (the “APA”) fully applies to supervisory and regulatory actions by the U.S. Federal Reserve Board (the “Fed”). In particular, we...

The management by administrative authorities of law violations represents one of the instruments for enforcing laws in China, the other way is lawsuit. The law allows administrative discretion to achieve efficiency but may lead to unfair law enforcement. Governments’ establishing patent...

In this first chapter of a new book, Administrative Competence: Reimagining Administrative Law (Cambridge University Press 2020), we provide an overview of our argument that administrative law should be, but is not, the law of public administration. As the law of public administration,...

Administrative barriers to social insurance program take-up are pervasive, including in subsidized health insurance. We conducted a randomized controlled trial with Massachusetts' Affordable Care Act marketplace to reduce these barriers and other behavioral frictions. We find that a "check the...

This review of developments in New Zealand administrative law covers the period from mid 2016 to mid 2019. The developments I have selected for discussion concern Bill of Rights methodology; heightened scrutiny reasonableness review; substantive legitimate expectations; a duty of consistency;...

This article is questioning the problems of formulating criminal sanction in administrative act to solve legal problems in economic activities. This discussion is important, particularly with respect to the heterogeneity of regulations in economic activities. This research argues that this...

This is a condensed version of the authors' longer work, quot;Administrative Law's Federalism: Preemption, Non delegation, and Agencies at the Edge of Federal Power,quot; Duke Law Journal, Vol. 57, p. 1933, 2008. It offers a short, accessible overview of our argument that (contra the apparent...

The purpose of this chapter is to explore, critically and systematically, contemporary public administration scholarship as it pertains to national administrative law. To be clear from the outset, our aim is not to examine legal scholarship about public administration, but, rather, to understand...

When legal scholars specializing in financial regulation have examined the Financial Stability Oversight Council (FSOC), their lens has usually focused on matters outside of the core public law expertise they are best positioned to contribute. This curious state of affairs is the consequence of...

This essay engages pedagogy and teaching philosophy in reviewing how constitutional and administrative law (“CAAL”) has been taught at NUS over the past 60 years, engaging the themes of mission, method and materials. Gone is the time when foreign academics disinterested in local law...

How do regulatory agencies decide how strictly to regulate an industry? They sometimes use cost-benefit analysis or claim to, but more often the standards they invoke are so vague as to be meaningless. This raises the question whether the agencies use an implicit standard or instead regulate in...

The proportionality principle (hereafter, the PP) was imported from Germany into Japanese administrative law during the interwar period. The Japanese Supreme Court has never expressly mentioned the principle itself in the opinion of the court except as an obita dictum. There are, however,...

Litigation raising climate change issues has increased in the number and types of cases and the countries and jurisdictions in which the litigation has been brought. This article briefly maps this climate change litigation. In some places, the territory is well charted but in other places these...

The public administration, in particular to the administrative procedure follows a firm objective: to create of the customer friendly approach. Also, there is more and more emphasis recently on improving the efficiency and speed of the procedure. These are the two most important keywords of the...