Expanding Horizons: Psychological, Cultural, Institutional, and Technological Perspectives

Oxford Handbook of Comparative Administrative Law, Forthcoming

26 Pages Posted: 19 Mar 2020

See all articles by Cheng-Yi Huang

Cheng-Yi Huang

Institutum Iurisprudentiae, Academia Sinica

Date Written: October 19, 2019

Abstract

Scholars in comparative administrative law have long grappled with the issue of methodological uncertainty. Much of this research focuses on two or perhaps three countries regarding a single doctrinal issue. This kind of research is often plagued by common methodological problems related, for instance, to random selection. In this chapter, I have suggested that scholars in comparative administrative law adopt an integrated methodology: placing human subjectivity in the network of accountability.

This chapter focuses on four interconnected topics that can lead us to envision the dynamic development of comparative administrative law now and in the future. The first section discusses behavioral insights into administrative procedure and judicial review, which may broaden our perspective on rationality review. I illustrate the application of behavioral science to comparative administrative law with examples of reason-giving, proportionality, and cost-benefit analysis. The second section addresses the desk-level operations of bureaucratic administration and calls for greater attention to how cultural differences — especially in the shadow of colonialism — have perhaps transformed or reinvented administrative law doctrines infused with the characteristics of locality. The third section deals with the complexity of institutions through the eyes of comparative administrative law. Finally, the chapter shifts to a future-oriented discussion about potential conflict and collaboration between governmental use of artificial intelligence and such traditional administrative law doctrines as legislative delegation and judicial deference. The emergence of artificial intelligence, while raising doubts about accountability, has enabled us to contemplate the future of self-government and democracy.

Keywords: Comparative Administrative Law, Rationality, Colonialism, Artificial Intelligence, Internal Administrative Law, Democracy, Legal Transplant

Suggested Citation

Huang, Cheng-Yi, Expanding Horizons: Psychological, Cultural, Institutional, and Technological Perspectives (October 19, 2019). Oxford Handbook of Comparative Administrative Law, Forthcoming, Available at SSRN: https://ssrn.com/abstract=3543370 or http://dx.doi.org/10.2139/ssrn.3543370

Cheng-Yi Huang (Contact Author)

Institutum Iurisprudentiae, Academia Sinica ( email )

128 Academia Sinica Rd., Sec. 2
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Taipei City, 11529
Taiwan
886-2-2652-5420 (Phone)
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