Edited by Susan Rose-Ackerman and Peter L. Lindseth
Chapter 20: Towards a Third Generation of Administrative Procedure
Javier Barnes 1. New administrative law: dissolving frontiers and opening new pathways The history of administrative law is a history of change and reform. Today, however, we are witnessing changes that are more intense and far reaching than those that have occurred in the past. There are shifts from state-centered administrative law to global administrative law; from an autarchical and hierarchical administration to collaborative administrative action; from a focus on the formal division between lawmaking and implementation to processes that promote a dynamic interaction between these stages. The traditional concerns of administrative law have been widened to include uncharted ‘domains’. These new and growing domains (global and private spheres, greater discretionary leeway concerning public policies) are being ‘colonized’ by an emerging new administrative law. Administrative procedure will play a major role given its central place in administrative law. 1.1. Disappearance of three frontiers Three heavily guarded traditional frontiers have begun to fall peacefully in the last decades. 1.1.1. National and supranational borders: from a ‘state-centered’ administration to transnational and international administrative actions The state and national administrations are no longer absolute protagonists (Cassese 2009: 31). Between the global and the national spheres, there are many hybrid bodies and procedures, joint decisions and complex systems.1 When making and implementing public policies, administration has become international (Zaring 2005: 547). In response, the administrative law of global governance seeks to address the consequences of globalized interdependence for efficiency, public accountability and legitimacy. Domestic, supranational and global administrative law extends new procedures into these...
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