Risk regulation and administrative constitutionalism
Fisher, Elizabeth
Risk regulation and administrative constitutionalism - Oxford: Oxford University Press, 2010. - xxxii, 290. p, ;
Includes bibliographical references (p. [259]-282) and index.
Cover
Acknowledgements
Contents
Table of Abbreviations
Table of Cases
Table of Legislation
Introduction
1. Risk Evaluation through the Lens ofAdministrative Constitutionalism
I. The Science/​Democracy Dichotomy in Regulating Technological Risk
II. Technological Risk, Public Administration, and Administrative Constitutionalism
III. Two Paradigms of Administrative Constitutionalism in the Risk Regulation Context
IV. Administrative Constitutionalism as a Form of Legal Culture
V. An Example: The Precautionary Principle and Administrative Constitutionalism
VI. Conclusion
Part One. Administrative Constitutionalism in National Legal Cultures
Introduction to Administrative Constitutionalism in National Legal Cultures
I. Nature of Administrative Constitutionalism
II. The Role of Law
III. The Relationship Between Legal Concepts and the Regulatory Regimes for Technological Risk Evaluation
IV. Conclusion
2. BSE, Expertise, and Administrative Constitutionalism: Examining the Role of the Southwood Working Party
I. Thinking of BSE in Terms of Administrative Constitutionalism
II. Technological Risk Regulation and Administrative Constitutionalism in the UK: A Brief History
III. The Administrative Constitutionalism Context of the BSE Crisis
IV. The Southwood Working Party
V. After Southwood
VI. Conclusions
3. Hard Looks and Substantial Evidence: Scope of Review of US Risk Regulation Rule-making in the 1970s
I. Scope of Review and Administrative Constitutionalismin Historical Perspective
II. Administrative Constitutionalism and Risk Regulation Regimes in the Early 1970s
III. Hard Look Review
IV. Substantial Evidence and the Occupational Safety and Health Act
V. Scope of Review under the RI Paradigm
VI. Reflections
VII. Conclusion
4. The Precautionary Principle and Merits Review in Australia
I.
The regulation of environmental and public health risks is a controversial area of government activity. This book studies the public law dimension of these controversies, particularly the interrelationship between risk regulation, public law and theories of legitimate administrative governance.
9781849460880
342 / FIS.R
Risk regulation and administrative constitutionalism - Oxford: Oxford University Press, 2010. - xxxii, 290. p, ;
Includes bibliographical references (p. [259]-282) and index.
Cover
Acknowledgements
Contents
Table of Abbreviations
Table of Cases
Table of Legislation
Introduction
1. Risk Evaluation through the Lens ofAdministrative Constitutionalism
I. The Science/​Democracy Dichotomy in Regulating Technological Risk
II. Technological Risk, Public Administration, and Administrative Constitutionalism
III. Two Paradigms of Administrative Constitutionalism in the Risk Regulation Context
IV. Administrative Constitutionalism as a Form of Legal Culture
V. An Example: The Precautionary Principle and Administrative Constitutionalism
VI. Conclusion
Part One. Administrative Constitutionalism in National Legal Cultures
Introduction to Administrative Constitutionalism in National Legal Cultures
I. Nature of Administrative Constitutionalism
II. The Role of Law
III. The Relationship Between Legal Concepts and the Regulatory Regimes for Technological Risk Evaluation
IV. Conclusion
2. BSE, Expertise, and Administrative Constitutionalism: Examining the Role of the Southwood Working Party
I. Thinking of BSE in Terms of Administrative Constitutionalism
II. Technological Risk Regulation and Administrative Constitutionalism in the UK: A Brief History
III. The Administrative Constitutionalism Context of the BSE Crisis
IV. The Southwood Working Party
V. After Southwood
VI. Conclusions
3. Hard Looks and Substantial Evidence: Scope of Review of US Risk Regulation Rule-making in the 1970s
I. Scope of Review and Administrative Constitutionalismin Historical Perspective
II. Administrative Constitutionalism and Risk Regulation Regimes in the Early 1970s
III. Hard Look Review
IV. Substantial Evidence and the Occupational Safety and Health Act
V. Scope of Review under the RI Paradigm
VI. Reflections
VII. Conclusion
4. The Precautionary Principle and Merits Review in Australia
I.
The regulation of environmental and public health risks is a controversial area of government activity. This book studies the public law dimension of these controversies, particularly the interrelationship between risk regulation, public law and theories of legitimate administrative governance.
9781849460880
342 / FIS.R
