Understanding Brazilian Administrative Law, the Related Literature, and Education: A Comparison with the System in the United States
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Emerson Gabardo
Professor of Administrative Law at Pontifícia Universidade Católica do Paraná and at Universidade Federal do Paraná, Curitiba, Paraná, Brazil
Abstract
This paper presents research on a typical subject in comparative law: doctrinal thinking about (and teaching methods for) administrative law in Brazil and the United States. The paper’s initial research hypotheses are as follows: 1) in contrast to the United States, in Brazil, legal scholarship (legal academic writing) has significantly influenced the construction of the theoretical principles that form the basis of the public administration system; 2) the Brazilian understanding of administrative legal scholarship is distinct from that of the United States regarding several specific but representative issues; 3) in Brazil, administrative law textbooks and monographs focus on general principles and direct state intervention, whereas in the United States, administrative law education focuses on regulatory issues; and 4) regulatory (and policy or decision-making) concepts are more complex than they initially appear. These initial hypotheses will either be confirmed or refuted at the end of the study. The methodological research scope is an analysis of the study, teaching, and theoretical approach to the science of administrative law through a comparison of the two systems. The conclusions aim to assist legal researchers in both countries by broadening the understanding of the differences in meaning between apparently similar institutions and expressions while analyzing relevant semiological differences. Therefore, the paper does not represent an analysis of the particular legal systems but instead offers a methodology for understanding the two jurisdictions under consideration.
About the author
Professor of Administrative Law at Pontifícia Universidade Católica do Paraná and at Universidade Federal do Paraná, Curitiba, Paraná, Brazil
© 2017 by Walter de Gruyter Berlin/Boston
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- Erosion of Constitutional Rights in EU Law: A Call for ‘Substantive Co-operative Constitutionalism’
- Where’s Waldo? Looking for the Doctrine of Proportionality in Indian Free Speech Jurisprudence
- Understanding Brazilian Administrative Law, the Related Literature, and Education: A Comparison with the System in the United States
- The European Court of Human Rights and Transnational Judicial Dialogue
- Notes & Essays
- EU Law in the Czech Republic: From ultra vires of the Czech Government to ultra vires of the EU Court?
- Developments Austria
- ‘No to Meat’-March on Holy Saturday - Freedom of Assembly and the Constitutional Court’s new Standard of Review
- Blackening of Files for Hypo Committee of Inquiry illegal
- Developments CEE
- Constitutional Court of Romania: Religion in Schools
- Constitutional Court of Romania: Constitutionalization of the Obligations under International Treaties and European Union binding Acts
- Slovak Constitutional Court: Citizenship Law in the European Context
- Book Reviews
- Review Essay: Jeff King, Judging Social Rights, Cambridge University Press, 2012, ISBN 9781107 400 320, 370 pp.
Articles in the same Issue
- Table of Contents
- Articles
- Erosion of Constitutional Rights in EU Law: A Call for ‘Substantive Co-operative Constitutionalism’
- Where’s Waldo? Looking for the Doctrine of Proportionality in Indian Free Speech Jurisprudence
- Understanding Brazilian Administrative Law, the Related Literature, and Education: A Comparison with the System in the United States
- The European Court of Human Rights and Transnational Judicial Dialogue
- Notes & Essays
- EU Law in the Czech Republic: From ultra vires of the Czech Government to ultra vires of the EU Court?
- Developments Austria
- ‘No to Meat’-March on Holy Saturday - Freedom of Assembly and the Constitutional Court’s new Standard of Review
- Blackening of Files for Hypo Committee of Inquiry illegal
- Developments CEE
- Constitutional Court of Romania: Religion in Schools
- Constitutional Court of Romania: Constitutionalization of the Obligations under International Treaties and European Union binding Acts
- Slovak Constitutional Court: Citizenship Law in the European Context
- Book Reviews
- Review Essay: Jeff King, Judging Social Rights, Cambridge University Press, 2012, ISBN 9781107 400 320, 370 pp.
