Risk Regulation and Administrative Constitutionalism

0 avg rating
( 0 ratings by Goodreads )
 
9781841130330: Risk Regulation and Administrative Constitutionalism
View all copies of this ISBN edition:
 
 

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. A strong argument is made for re-orienting the focus of scholarship in this area through the examination of the following 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 --- 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. This book will be of interest to government health officials, food safety organizations, environmental lawyers, and practitioners.

"synopsis" may belong to another edition of this title.

About the Author:

Elizabeth Fisher is a Reader in Environmental Law at the University of Oxford and Tutor in Law at Corpus Christi College, Oxford.

Review:

...an impressive book that manages to combine a singularity of focus with an extraordinary breadth of research. It makes an important contribution to the literature on risk regulation, administrative law, and socio-legal studies generally...These are Elizabeth Fisher's ideas, claims and hypotheses; there is no hiding behind canon or behind superficially neutral 'we' statements. Fisher's Risk Regulation and Administrative Constitutionalism is a courageous and original monograph. It is the kind of work that will inspire scholars and reward readers for many years to come. Veerle Heyvaert Modern Law Review 72 (5), 2009 Fisher's...particularly significant contribution to these discussions is her shift away from the relatively well-considered debates on the use of scientific evidence in claims for liability or when drafting legislation to the coal face of public administration and (in her terminology) 'administrative constitutionalism'...Overall, Fisher's analysis is rarely prescriptive, preferring to describe what is happening in her chosen 'snapshots' of risk evaluation, offering an analytical lens for further analysis...her section on preliminary findings is tantalisingly short and, one suspects, an aspect of the book that may be further developed in future articles. These will no doubt be as thoughtful and insightful as the book itself, and well worth the wait. Antonia Layard Journal of Environmental Law August 2008 The case studies are interesting in themselves. Fisher's treatments of the role of expertise in the British BSE inquiry and of the complexities of risk regulation through specialised courts in Australia are particularly illuminating...By moving away from the simple 'science versus democracy' dichotomy, Fisher clearly advances our understanding of risk regulation and administrative law. Her work opens the way to even more textured accounts of the relevant legal cultures. Mark Tushnet European Law Journal Vol. 14, No. 5, September 2008 Anyone embarking on this type of research, whether empirical or normative, or on research involving the wider themes of institutional dynamics and legitimating discourses that shape regulation will find inspiration in the challenging tone and analytical richness of Risk Regulation and Administrative Constitutionalism. Anne Meuwese Journal of Law and Society Vol. 35, No. 3, 2008 In meticulous detail, Fisher maps the two theories onto the actors and the proceedings of these case studies. The schema set out in this book are compelling, and serious readers will find themselves better-equipped to comprehend the problems and the potentials, the vagaries and the constants, of public administration. David Frankel Journal of International Law and Politics Volume 41, Number 3 Her discussion reveals a considerable depth and breadth of thinking and understanding on the issues Lynda M Warren Environmental Law Review Volume 11, Number 3, 2009

"About this title" may belong to another edition of this title.

Buy New View Book
List Price: US$ 114.00
US$ 77.73

Convert Currency

Shipping: US$ 8.40
From United Kingdom to U.S.A.

Destination, Rates & Speeds

Add to Basket

Top Search Results from the AbeBooks Marketplace

1.

Elizabeth C. Fisher
Published by Hart Publishing Ltd. 2007-07-30, Oxford (2007)
ISBN 10: 1841130338 ISBN 13: 9781841130330
New Hardcover Quantity Available: 5
Seller:
Blackwell's
(Oxford, OX, United Kingdom)
Rating
[?]

Book Description Hart Publishing Ltd. 2007-07-30, Oxford, 2007. hardback. Condition: New. Seller Inventory # 9781841130330

More information about this seller | Contact this seller

Buy New
US$ 77.73
Convert Currency

Add to Basket

Shipping: US$ 8.40
From United Kingdom to U.S.A.
Destination, Rates & Speeds

2.

Elizabeth C. Fisher
Published by Bloomsbury Publishing PLC (2007)
ISBN 10: 1841130338 ISBN 13: 9781841130330
New Quantity Available: 10
Seller:
Books2Anywhere
(Fairford, GLOS, United Kingdom)
Rating
[?]

Book Description Bloomsbury Publishing PLC, 2007. HRD. Condition: New. New Book. Shipped from UK in 4 to 14 days. Established seller since 2000. Seller Inventory # FV-9781841130330

More information about this seller | Contact this seller

Buy New
US$ 80.58
Convert Currency

Add to Basket

Shipping: US$ 12.60
From United Kingdom to U.S.A.
Destination, Rates & Speeds

3.

Fisher, Elizabeth
Published by Hart Publishing
ISBN 10: 1841130338 ISBN 13: 9781841130330
New Hardcover Quantity Available: 1
Seller:
Ohmsoft LLC
(Lake Forest, IL, U.S.A.)
Rating
[?]

Book Description Hart Publishing. Condition: New. Hardcover. Worldwide shipping. FREE fast shipping inside USA (express 2-3 day delivery also available). Tracking service included. Ships from United States of America. Seller Inventory # 1841130338

More information about this seller | Contact this seller

Buy New
US$ 96.39
Convert Currency

Add to Basket

Shipping: FREE
Within U.S.A.
Destination, Rates & Speeds

4.

Elizabeth A. Fisher
Published by Bloomsbury Publishing PLC, United Kingdom (2007)
ISBN 10: 1841130338 ISBN 13: 9781841130330
New Hardcover Quantity Available: 10
Seller:
Book Depository International
(London, United Kingdom)
Rating
[?]

Book Description Bloomsbury Publishing PLC, United Kingdom, 2007. Hardback. Condition: New. New. Language: English . Brand New Book. 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. Seller Inventory # AA79781841130330

More information about this seller | Contact this seller

Buy New
US$ 98.28
Convert Currency

Add to Basket

Shipping: FREE
From United Kingdom to U.S.A.
Destination, Rates & Speeds

5.

Elizabeth Fisher
Published by Hart Publishing (2007)
ISBN 10: 1841130338 ISBN 13: 9781841130330
New Hardcover Quantity Available: 1
Seller:
Ergodebooks
(RICHMOND, TX, U.S.A.)
Rating
[?]

Book Description Hart Publishing, 2007. Hardcover. Condition: New. Seller Inventory # DADAX1841130338

More information about this seller | Contact this seller

Buy New
US$ 94.38
Convert Currency

Add to Basket

Shipping: US$ 4.99
Within U.S.A.
Destination, Rates & Speeds

6.

Fisher Elizabeth
Published by Hart Publishing Ltd.
ISBN 10: 1841130338 ISBN 13: 9781841130330
New Quantity Available: 3
Seller:
Majestic Books
(London, ,, United Kingdom)
Rating
[?]

Book Description Hart Publishing Ltd. Condition: New. Seller Inventory # 3489036

More information about this seller | Contact this seller

Buy New
US$ 93.23
Convert Currency

Add to Basket

Shipping: US$ 7.70
From United Kingdom to U.S.A.
Destination, Rates & Speeds

7.

Elizabeth A. Fisher
Published by Bloomsbury Publishing PLC, United Kingdom (2007)
ISBN 10: 1841130338 ISBN 13: 9781841130330
New Hardcover Quantity Available: 10
Seller:
The Book Depository
(London, United Kingdom)
Rating
[?]

Book Description Bloomsbury Publishing PLC, United Kingdom, 2007. Hardback. Condition: New. New.. Language: English . Brand New Book. 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. Seller Inventory # AA79781841130330

More information about this seller | Contact this seller

Buy New
US$ 101.18
Convert Currency

Add to Basket

Shipping: FREE
From United Kingdom to U.S.A.
Destination, Rates & Speeds

8.

FISHER, ELIZABETH
Published by Hart Publishing (2007)
ISBN 10: 1841130338 ISBN 13: 9781841130330
New Hardcover Quantity Available: 1
Seller:
Herb Tandree Philosophy Books
(Stroud, GLOS, United Kingdom)
Rating
[?]

Book Description Hart Publishing, 2007. Hardback. Condition: NEW. 9781841130330 This listing is a new book, a title currently in-print which we order directly and immediately from the publisher. For all enquiries, please contact Herb Tandree Philosophy Books directly - customer service is our primary goal. Seller Inventory # HTANDREE0715240

More information about this seller | Contact this seller

Buy New
US$ 93.94
Convert Currency

Add to Basket

Shipping: US$ 11.20
From United Kingdom to U.S.A.
Destination, Rates & Speeds

9.

Elizabeth Fisher
Published by Bloomsbury Publishing plc
ISBN 10: 1841130338 ISBN 13: 9781841130330
New Hardcover Quantity Available: 5
Seller:
THE SAINT BOOKSTORE
(Southport, United Kingdom)
Rating
[?]

Book Description Bloomsbury Publishing plc. Hardcover. Condition: New. New copy - Usually dispatched within 2 working days. Seller Inventory # B9781841130330

More information about this seller | Contact this seller

Buy New
US$ 96.46
Convert Currency

Add to Basket

Shipping: US$ 9.72
From United Kingdom to U.S.A.
Destination, Rates & Speeds

10.

Fisher, Elizabeth
Published by Hart Pub (2007)
ISBN 10: 1841130338 ISBN 13: 9781841130330
New Hardcover Quantity Available: 1
Seller:
Revaluation Books
(Exeter, United Kingdom)
Rating
[?]

Book Description Hart Pub, 2007. Hardcover. Condition: Brand New. 290 pages. 9.25x6.50x1.25 inches. In Stock. Seller Inventory # __1841130338

More information about this seller | Contact this seller

Buy New
US$ 103.74
Convert Currency

Add to Basket

Shipping: US$ 8.40
From United Kingdom to U.S.A.
Destination, Rates & Speeds

There are more copies of this book

View all search results for this book