Comparative Law and Society

Comparative Law and Society

Research Handbooks in Comparative Law series

Edited by David S. Clark

Comparative Law and Society, part of the Research Handbooks in Comparative Law series, is a pioneering volume that comprises 19 original essays written by expert authors from across the world. This innovative handbook offers both a history of the field of comparative law and society and a thorough exploration of its methods, disciplines, and major issues, presenting the most comprehensive look into this contemporary field to date.

Chapter 13: Administrative Law, Agencies and Redress Mechanisms in the United Kingdom and Sweden

Michael Adler and Sara Stendahl

Subjects: law - academic, comparative law, law and society

Extract

Michael Adler and Sara Stendahl* 1 1 1.1 INTRODUCTION The Scope of Comparison In this chapter, we compare administrative law, administrative agencies and redress mechanisms in the United Kingdom and Sweden from an administrative justice perspective. Before elaborating on the notion of administrative justice, we first provide a rationale for comparing the UK and Sweden. John Bell’s contribution on ‘Comparative Administrative Law’ in the Oxford Handbook of Comparative Law (2006: 1260) notes that ‘much work by comparative lawyers involves the study of one other administrative law system, which is then explained in terms familiar to the author’s own’ and that ‘comparisons of more than one system are often less successful’. It is not for us to say how successful our comparison is but, in comparing aspects of administrative law in two countries, we would appear to be avoiding the pitfalls associated with more wide-ranging comparisons. Bell points out that the grouping of public law systems into ‘legal families’ or legal traditions differs from the grouping of private law systems, and that variations between countries are greater in respect of public law than in respect of private law. That said, he refers to the long tradition of comparative research within and between countries in three legal traditions. First, the common law tradition includes the United Kingdom, much of the British Commonwealth and the United States of America. Second, the French tradition not only includes France but also countries that were conquered by Emperor Napoleon, in particular, Belgium, Italy, Spain, Portugal, Greece....

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