Article
Delegation, Discretion, and Deference in Comparative Administrative Law
American Journal of Comparative Law
(2014)
Abstract
This paper offers a theory to explain cross-national variation in administrative law doctrines and practices. Administrative law regimes vary along three primary dimensions: the scope of delegations to agencies, agencies’ exercise of discretion, and judicial practices of deference to agencies. Working with a principal-agent framework, we show how cross-national differences in institutions’ capacities and the environments they face encourage the adoption of divergent strategies that lead to a variety of distinct, stable, equilibrium outcomes. We apply our model to explain patterns of administrative law in the U.S., Germany, France, and Commonwealth jurisdictions.
Keywords
- Administrative Law
Disciplines
Publication Date
2014
Citation Information
Nuno Garoupa and Jud Matthews. "Delegation, Discretion, and Deference in Comparative Administrative Law" American Journal of Comparative Law Vol. 62 Iss. 1 (2014) p. 1 - 33 Available at: http://works.bepress.com/nunogaroupa/75/