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Administrative legitimacy and risk regulation in the European Union and the United States

Anderson, CP; (2016) Administrative legitimacy and risk regulation in the European Union and the United States. Doctoral thesis , UCL (University College London). Green open access

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Abstract

The thesis is a comparative study of administrative law and risk regulation in the European Union and the United States. The analysis proceeds from the premise that the main objective of administrative law is to reconcile the exercise of bureaucratic power with liberal democratic values. In this way, administrative law constructs the legal legitimacy of administrative regulation, including administrative risk regulation. As such, administrative law systems are expressions of legal culture. The thesis argues that the most important differences between European and American risk regulation are better explained as expressions of the normative commitments of the two constitutional systems rather than as the product of different attitudes toward technological risk. Methodologically, the thesis is a comparative study of legal doctrine and, thus its goal is to understand the unique contribution of law as a discourse to the social phenomenon of risk regulation. After setting out the theoretical framework in chapter 1, the thesis compares three major aspects of EU and US administrative law in the context of risk regulation. Chapter 2 addresses the institutional structures of the two administrations, as well as European and American theories of delegation. Chapter 3 considers legal approaches to defining the public interest in risk regulation through a study of the roles of the precautionary principle and cost-benefit analysis in the two jurisdictions. Chapter 4 considers the concept of administrative rationality in the EU and the US, with a focus on the role of science in risk regulation. In chapter 5, the thesis pulls together the various strands of doctrine discussed in the earlier chapters and synthesises them into general reconciliations of administrative risk regulation with EU and US constitutional values. The final chapter, chapter 6, reflects on the normative visions of administration implied in the two jurisdictions’ administrative law doctrines.

Type: Thesis (Doctoral)
Title: Administrative legitimacy and risk regulation in the European Union and the United States
Event: UCL (University College London)
Open access status: An open access version is available from UCL Discovery
Language: English
UCL classification: UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: http://discovery.ucl.ac.uk/id/eprint/1503432
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