Taking Governance Seriously. Metamorphosen des Allgemeinen Verwaltungsrechts im Spiegel des Sozialrechts der Arbeitsmarktregulierung
Year: 2009
Author: Rixen, Stephan
Die Verwaltung, Vol. 42 (2009), Iss. 3 : pp. 309–338
Abstract
The profile of general German administrative law is changing under the influence of a new theoretical approach that focuses on the controlling effects developed by administrative law instruments (“new jurisprudence of administrative law”). This conceptually comprehensive and supposedly realist approach has been criticized, especially for failing to live up to the empirically challenging demands of its theoretical design. A recent and more modest alternative approach based on “governance” tries to avoid the problematic characteristics of the “new jurisprudence”. Sceptical of the success of its flawed empirical orientation, the “governance“ approach instead concentrates on the observable interactions of administrative law instruments. This has a heuristic purpose as “governance” is designed to identify the reciprocal effects as specific problems of administrative law. The regulation of the labour market through
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Journal Article Details
Publisher Name: Global Science Press
Language: German
DOI: https://doi.org/10.3790/verw.42.3.309
Die Verwaltung, Vol. 42 (2009), Iss. 3 : pp. 309–338
Published online: 2009-07
AMS Subject Headings: Duncker & Humblot
Copyright: COPYRIGHT: © Global Science Press
Pages: 30