Introducing the Precautionary Principle into Administrative Law - Facing Challenges to the Rule of Law

25 Pages Posted: 21 Nov 2015  

Jin Zining

Peking University School of Transnational Law

Date Written: October 18, 2015

Abstract

With risk being one of the most prominent characteristics of modern society, risk regulation has become one of the most important functions of government. The precautionary principle has appeared in the statutes of many countries, showing effort by legislators to integrate risk regulation into administrative law. However, many issues which have emerged in the application of the precautionary principle show that risk precaution creates serious challenges to the traditional ideas of the rule of law. Ideas from “soft law” and the “participatory model of public administration” suggest new institutional mechanics which could reconcile to certain extent the practical need for risk regulation with the normative requirements of the rule of law. In this perspective, more importance should be given to “risk communication” when structuring the precautionary principle.

Keywords: precautionary principle, precaution, rule of law, participatory model of public administration, soft law

Suggested Citation

Zining, Jin, Introducing the Precautionary Principle into Administrative Law - Facing Challenges to the Rule of Law (October 18, 2015). Available at SSRN: https://ssrn.com/abstract=2693473 or http://dx.doi.org/10.2139/ssrn.2693473

Jin Zining (Contact Author)

Peking University School of Transnational Law ( email )

University Town
Xili Nanshan District
Shenzhen, Guangdong 518055
China

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