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Part IV Architecture, Ch.31 The Regulatory State

Susan Rose-Ackerman

From: The Oxford Handbook of Comparative Constitutional Law

Edited By: Michel Rosenfeld, András Sajó

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 13 August 2020

The modern regulatory state challenges settled constitutional doctrines. These challenges reflect the differing histories of the relation between the state and the market across modern democracies. Public law is the product of statutory, constitutional, and judicial choices over time; it blends constitutional and administrative concerns.1 Contrast the United States with its long tradition of private ownership that includes public utilities with Europe where the state has traditionally operated public companies supplying those services. Recent trends to deregulate...
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