The novel part of this paper is a model of the principle of proportionality, as the cornerstone of the doctrine of fundamental rights. German law, and with some modifications also the law of the European Community and the European Convention on Human Rights, do not categorically outlaw...

Administrative law judges are neglected but powerful actors in public welfare bureaucracies, presiding over quasi-judicial hearings triggered if participants challenge a bureaucratic decision on public welfare benefits. Drawing on ethnographic observations of fair hearings as well as interviews...

Within most areas of administrative law, courts review decisions of the administrative agency for abuse of discretion, based on the administrative record. This is generally not the case when final decision of the Internal Revenue Service regarding collection actions are subject to judicial...

The archetype of the New Deal agency, exercising neutral, technocratic expertise, is no longer tenable. As Richard Stewart (1975) noted thirty-five years ago, administrative law “is undergoing a fundamental transformation.” Following Stewart, the modern explanation in legal scholarship of...