Risk Regulation and Administrative Constitutionalism

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Last edited by MARC Bot
April 30, 2025 | History

Risk Regulation and Administrative Constitutionalism

Over the last decade the regulatory evaluation of environmental and public health risks has been one of the most legally controversial areas of contemporary government activity. Much of that debate has been understood as a conflict between those promoting 'scientific' approaches to risk evaluation and those promoting 'democratic' approaches. This characterization of disputes has ignored the central roles of public administration and law in technological risk evaluation. This is problematic because, as shown in this book, legal disputes over risk evaluation are disputes over administrative constitutionalism in that they are disputes over what role law should play in constituting and limiting the power of administrative risk regulators. This is shown by five case studies taken from five different legal cultures: an analysis of the bifurcated role of the Southwood Working Party in the UK BSE crisis; the development of doctrines in relation to judicial review of risk evaluation in the US in the 1970s; the interpretation of the precautionary principle by environmental courts and generalist tribunals carrying out merits review in Australia; the interpretation of the WTO Sanitary and Phytosanitary Agreement as part of the WTO dispute settlement process; and the interpretation of the precautionary principle in the EU context. A strong argument is thus made for re-orienting the focus of scholarship in this area

Publish Date
Publisher
Hart Pub
Language
English
Pages
290

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Previews available in: English

Edition Availability
Cover of: Risk Regulation and Administrative Constitutionalism
Risk Regulation and Administrative Constitutionalism
2007, Bloomsbury Publishing Plc
in English
Cover of: Risk Regulation and Administrative Constitutionalism
Risk Regulation and Administrative Constitutionalism
August 2007, Hart Pub
Hardcover in English

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Book Details


Classifications

Library of Congress
K3400 .F57 2007, K3400

The Physical Object

Format
Hardcover
Number of pages
290
Dimensions
9.2 x 6.4 x 1 inches
Weight
1.3 pounds

Edition Identifiers

Open Library
OL12566975M
ISBN 10
1841130338
ISBN 13
9781841130330
LCCN
2008270317
OCLC/WorldCat
52358118, 646796970
LibraryThing
3984276
Digital Object Identifier (DOI)
10.5040/9781472560117
Goodreads
4419871

Work Identifiers

Work ID
OL6570062W

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History

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April 30, 2025 Edited by MARC Bot import existing book
February 25, 2022 Edited by ImportBot import existing book
December 20, 2020 Edited by MARC Bot import existing book
April 28, 2010 Edited by Open Library Bot Linked existing covers to the work.
December 10, 2009 Created by WorkBot add works page