Barnes, Javier --- "Towards a Third Generation of Administrative Procedure" [2010] ELECD 822; in Rose-Ackerman, Susan; Lindseth, L. Peter (eds), "Comparative Administrative Law" (Edward Elgar Publishing, 2010)

Book Title: Comparative Administrative Law

Editor(s): Rose-Ackerman, Susan; Lindseth, L. Peter

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848446359

Section: Chapter 20

Section Title: Towards a Third Generation of Administrative Procedure

Author(s): Barnes, Javier

Number of pages: 21

Extract:

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 con-
cerns 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 adminis-
trative 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 admin-
istrations 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 ...