The Public-Private Law Divide: Potential for Transformation?
Edited by: Matthias Ruffert
Administrative law has been the object of thorough reforms in many European countries. Most of the developments are common to the various legal systems, such as the idea of new public management or new patterns like public choice and consumer orientation. Various administrative legal systems' modifications are different with respect to their starting points, but similar in their development. Administrative law scholarship has taken up these challenges. The core scientific development is a shift away from the control (i.e. courtroom) perspective towards a perspective of governance. Administrative law should provide means, tools, and scales which allow for the effective implementation of legal principles and rules, using resources economically and taking sound decisions which are acceptable to those affected. Considering interdisciplinary input, it is fair to design a 'new administrative law' as a scientific approach. In the different European countries, debates on that transformation of administrative law take place from a national perspective and with different intensity. Given the considerable effects such discussion may have on the methods of administrative legal scholarship, an analysis of the developments in a European context promises valuable insights. This volume comprises the results of the second workshop of the Dornburg Research Group of New Administrative Law, which took place in London in May 2007. The group scrutinized the public-private law divide in a comparative manner based on the reform approach.
Publication Date: 5/5/2009