The Administrative State

Author by : Dwight Waldo
Languange : en
Publisher by : Routledge
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Description : This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.


Law S Abnegation

Author by : Adrian Vermeule
Languange : en
Publisher by : Harvard University Press
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Description : Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.


To Run A Constitution

Author by : John Anthony Rohr
Languange : en
Publisher by :
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Total Read : 37
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Description : In this synthesis of political philosophy, public administration, and American history, Rohr seeks to legitimize the administrative state in terms of constitutional principle. He tries to show that the fourth (or administrative) branch of government is compatible with the plans of the framers--both Federalist and anti-Federalist-of the U.S. Constitution and of the Bill of Rights. He argues that the combination of powers in administrative agencies does not violate the standard of separation of powers set forth in The Federalist (especially by James Madison); the higher reaches of the career civil service fulfill the framers' constitutional design by performing a balancing function originally assigned to the Senate; and the career civil service en masse heals the defect of inadequate representation in the Federal Constitution. ISBN 0-7006-0291-7 : $29.95.


Judicial Review Of Administrative Discretion In The Administrative State

Author by : Jurgen de Poorter
Languange : en
Publisher by : Springer
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Total Read : 36
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Description : This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary’s role in reviewing administrative discretion in the administrative state; a role that can no longer solely be understood from the traditional doctrine of the Trias Politica. Traditionally, courts review acts of administrative bodies implying a degree of discretion with quite some restraint. Typically it is reviewed whether the decision is non-arbitrary or whether there is no manifest error of assessment. The question arises though as to whether the concern regarding ensuring the non-arbitrary character of the exercise of administrative power, which is frequently performed at a distance from political bodies, goes far enough to guarantee that the administration exercises its powers in a legitimate way. This publication searches for new modes of judicial review of administrative discretion exercised in the administrative state. It links state-of-the-art academic research on the role of courts in the administrative state with the daily practice of the higher and lower administrative courts struggling with their position in the evolving administrative state. The book concludes that with the changing role and forms of the administrative state, administrative courts across the world and across sectors are in the process of reconsidering their roles and the appropriate models of judicial review. Learning from the experiences in different sectors and jurisdictions, it provides theoretical and empirical foundations for reflecting on the advantages and disadvantages of different models of review, the constitutional consequences and the main questions that deserve further research and debate. Jurgen de Poorter is professor of administrative law at Tilburg University and deputy judge in the District Court of The Hague. Ernst Hirsch Ballin is distinguished university professor at Tilburg University, professor in human rights law at the University of Amsterdam, and president of the T.M.C. Asser Institute for International and European Law. He is also a member of the Scientific Council for Government policy (WRR). Saskia Lavrijssen is professor of Economic Regulation and Market Governance of Network Industries at Tilburg University.


Judicializing The Administrative State

Author by : Hiroshi Okayama
Languange : en
Publisher by : Routledge
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Total Read : 63
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Description : A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.


Revisiting Waldo S Administrative State

Author by : David H. Rosenbloom
Languange : en
Publisher by : Georgetown University Press
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Total Read : 56
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Description : The prevailing notion that the best government is achieved through principles of management and business practices is hardly new—it echoes the early twentieth-century "gospel of efficiency" challenged by Dwight Waldo in 1948 in his pathbreaking book, The Administrative State. Asking, "Efficiency for what?", Waldo warned that public administrative efficiency must be backed by a framework of consciously held democratic values. Revisiting Waldo's Administrative State brings together a group of distinguished authors who critically explore public administration's big ideas and issues and question whether contemporary efforts to "reinvent government," promote privatization, and develop new public management approaches constitute a coherent political theory capable of meeting the complex challenges of governing in a democracy. Taking Waldo's book as a starting point, the authors revisit and update his key concepts and consider their applicability for today. The book follows Waldo's conceptual structure, first probing the material and ideological background of modern public administration, problems of political philosophy, and finally particular challenges inherent in contemporary administrative reform. It concludes with a look ahead to "wicked" policy problems—such as terrorism, global warming, and ecological threats—whose scope is so global and complex that they will defy any existing administrative structures and values. Calling for a return to conscious consideration of democratic accountability, fairness, justice, and transparency in government, the book's conclusion assesses the future direction of public administrative thought. This book can stand alone as a commentary on reconciling democratic values and governance today or as a companion when reading Waldo's classic volume.


Unmasking The Administrative State

Author by : John Marini
Languange : en
Publisher by :
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Total Read : 69
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Description : "The election of Donald J. Trump to the presidency shocked the political establishment, triggering a wave of hysteria among the bicoastal elite that may yet never subside. The biggest shockwaves of all however were felt not in the progressive parishes of Manhattan or San Francisco, but in the halls of the political elite's cherished and oft-overlooked center of power: Washington, D.C.'s sprawling 'administrative state.' For President Trump represented an existential threat to its denizens, which came to be known as 'swamp creatures.' How did it come to pass that the 'deconstruction' of this obscure institution - the 'draining of the swamp' - would become a core aim of the Trump administration, impacting everything from judicial appointments to the federal budget and regulatory policy? Could public aversion to policies and practices for which the administrative state was sometimes surreptitiously and other times overtly responsible explain President Trump's rise? What was the intellectual basis for the argument that the administrative state need be dismantled in the first place? The answers to these questions and many more lie in the underappreciated but revolutionary scholarship of Professor John Marini, collected in his timely, comprehensive, accessible new book, Unmasking the Administrative State"--


Democracy In The Administrative State

Author by : Emmette Shelburn Redford
Languange : en
Publisher by : New York : Oxford University Press
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The Max Planck Handbooks In European Public Law Volume I The Administrative State

Author by : Sabino Cassese
Languange : en
Publisher by : Oxford University Press
Format Available : PDF, ePub, Mobi
Total Read : 99
Total Download : 779
File Size : 40,8 Mb
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Description : The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.


Indian Affairs And The Administrative State In The Nineteenth Century

Author by : Stephen J. Rockwell
Languange : en
Publisher by : Cambridge University Press
Format Available : PDF, ePub, Mobi
Total Read : 59
Total Download : 603
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Description : Stephen J. Rockwell analyzes the role of national administration in Indian affairs and other national policy areas related to westward expansion in the nineteenth century.


The Max Planck Handbooks In European Public Law

Author by : Armin von Bogdandy
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 87
Total Download : 540
File Size : 46,9 Mb
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Description : "[This book] describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the 'ius publicum europaeum' can be no better than the common understanding European scholars and practitioners have of the law of other states."--


Tocqueville S Nightmare

Author by : Daniel R. Ernst
Languange : en
Publisher by : OUP Us
Format Available : PDF, ePub, Mobi
Total Read : 52
Total Download : 284
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Description : De Tocqueville once wrote that 'insufferable despotism' would prevail if America ever acquired a national administrative state. Between 1900 and 1940, radicals created vast bureaucracies that continue to trample on individual freedom. Ernst shows, to the contrary, that the nation's best corporate lawyers were among the creators of 'commission government'; that supporters were more interested in purging government of corruption than creating a socialist utopia; and that the principles of individual rights, limited government, and due process were designed into the administrative state.


Gender Images In Public Administration

Author by : Camilla Stivers
Languange : en
Publisher by : SAGE Publications
Format Available : PDF, ePub, Mobi
Total Read : 56
Total Download : 308
File Size : 43,9 Mb
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Description : Extensively updated to reflect recent research and new theoretical literature, this much-anticipated Second Edition applies a gender lens to the field of public administration, looking at issues of status, power, leadership, legitimacy and change. The author examines the extent of women's historical progress as public employees, their current status in federal, state, and local governments, the peculiar nature of the organizational reality they experience, and women's place in society at large as it is shaped by government.


The Principles Of The Administrative Law Of The United States

Author by : Frank Johnson Goodnow
Languange : en
Publisher by : The Lawbook Exchange, Ltd.
Format Available : PDF, ePub, Mobi
Total Read : 78
Total Download : 124
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Description : Goodnow, Frank J. The Principles of the Administrative Law of the United States. New York: G.P. Putnam's Sons, [1905]. xxvii, 480 pp. Reprinted 2003 by The Lawbook Exchange, Ltd. LCCN 2002042756. ISBN 1-58477-348-0. Cloth $110. * Reprint of first edition. A member of the Columbia faculty, Goodnow [1859-1939] was the first individual in the United States to hold a professorship in administrative law. His major work, this book analyzes the distinction between 'politics' and 'administration.' According to Goodnow, politics is concerned with policy and other expressions of state will. Administration is concerned with the faithful execution of enacted legislation. He observes that administration has a tendency to overstep this boundary and concedes that politics must therefore monitor administration to keep it in line with the people's will.


The New Separation Of Powers A Theory For The Modern State

Author by : Eoin Carolan
Languange : en
Publisher by : OUP Oxford
Format Available : PDF, ePub, Mobi
Total Read : 45
Total Download : 216
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Description : The separation of powers is an important principle of liberal constitutionalism. However, the traditional rationale behind institutional separation can no longer govern the distribution of authority in the modern state.This book develops a new model of the separation of powers theory for the administrative state. It argues for the replacement of the traditional theory with a new model which has the potential to both enhance democratic checks and balances and to legitimise the role of administrative and regulatory bodies in the modern state. Explaining how developments in modern governance have subverted the principles originally underpinning the separation of powers, the book identifies the ways in whichlawyers and administrators have sought to preserve these democratic principles in particular areas. These piecemeal efforts are gathered together into a cohesive account of a radical overarching framework for institutional reform.Drawing on examples from the United Kingdom, Ireland and the U.S.A., the book provides both a descriptive and prescriptive analysis of the ways in which our legal and political notions of institutional separation have so far, and (more importantly) may, in the future, deal with the problems posed by the emergence of quasi-public administrative or regulatory agencies.Far from the traditional view of administrative agencies as a threat to democracy, administrative bodies, in fact, can provide a valuable opportunity for reforming public governance in a way which reinforces the foundational principles of democracy.


Deconstructing The Administrative State

Author by : Emmett McGroarty
Languange : en
Publisher by : Liberty Hill Publishing
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Total Read : 59
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Description : This book discusses a battle of ideologies that has lasted over a century and continues today, pitting those who defend the American Experiment and the constitutional structure against those who seek to replace that structure with one that empowers them to implement their ideas with little or no popular input. Progressives want governance by experts - bureaucrats with administrative power to make political judgments on how people must live, thereby narrowing the realm of their liberty. They expand the administrative state and create an identity of interest with Big Business. Both groups want an ever-expanding government: one motivated by power, the other by money. For its part, Big Business has set up camp on Capitol Hill, lavishly funding establishment politicians, of both parties, who rationalize the need for campaign money to the detriment of waging the good fight. Together, politicians and their cronies elbow the citizen off the policy-making stage. However, this state of affairs is kindling the passions of the constitutional structure's greatest "check" on government excess - the American people. This is a fight that can be won. Deconstructing the Administrative State offers the blueprint for victory. Emmett McGroarty is a senior fellow at the American Principles Project Foundation (APPF). He is a graduate of Georgetown University and Fordham School of Law. Jane Robbins is a senior fellow at APPF. She is a graduate of Clemson University (the 2016 national football champions) and Harvard Law School. Erin Tuttle is a policy analyst at APPF and a graduate of Indiana University.


The American Constitution And The Administrative State

Author by : Richard Joseph Stillman
Languange : en
Publisher by : University Press of Amer
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Total Read : 93
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Description : "The contents of this work originally appeared in Public administrative review, January/February, 1987, volume 47, no. 1"--T.p. verso.


The Administrative State

Author by : Fritz Morstein Marx
Languange : en
Publisher by :
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Total Read : 29
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Administrative Law For Public Managers

Author by : David H Rosenbloom
Languange : en
Publisher by : Westview Press
Format Available : PDF, ePub, Mobi
Total Read : 10
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File Size : 46,7 Mb
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Description : This book focuses on the essentials that public managers should know about administrative law—why we have administrative law, the constitutional constraints on public administration, and administrative law's frameworks for rulemaking, adjudication, enforcement, transparency, and judicial and legislative review. Rosenbloom views administrative law from the perspectives of administrative practice, rather than lawyering with an emphasis on how various administrative law provisions promote their underlying goal of improving the fit between public administration and U.S. democratic-constitutionalism. Organized around federal administrative law, the book explains the essentials of administrative law clearly and accurately, in non-technical terms, and with sufficient depth to provide readers with a sophisticated, lasting understanding of the subject matter.


Judicial Fortitude

Author by : Peter J. Wallison
Languange : en
Publisher by :
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Total Read : 98
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Description : Introduction -- The administrative state and the rule of law -- The separation of powers and checks and balances -- Congress and the administrative state -- Progressivism and the rise of the administrative state -- Was the progressive faith in economic regulation justified? -- The nondelegation doctrine -- The Chevron doctrine -- Conclusion


The Administrative State

Author by : Ian Thynne
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 61
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Politics Of The Administrative Process

Author by : Donald F. Kettl
Languange : en
Publisher by : CQ Press
Format Available : PDF, ePub, Mobi
Total Read : 97
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File Size : 50,6 Mb
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Description : Thoroughly updated with new scholarship, data, and events, this text remains reader-friendly with its engaging opening vignettes and rich examples--told only the way prolific author and columnist Don Kettl can. With three case studies in every chapter, students apply ideas and analysis as they read. Useful critical thinking questions at the end of each case help shape student responses and in-class conversation.


The Administrative State

Author by : Pritz Morstein Marx
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 90
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Description :


Congress On Trial

Author by : James MacGregor Burns
Languange : en
Publisher by : New York : Gordian Press
Format Available : PDF, ePub, Mobi
Total Read : 99
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File Size : 45,9 Mb
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Description :


The Administrative State

Author by : Milwaukee Pergande Publishing Comapnay
Languange : en
Publisher by :
Format Available : PDF, ePub, Mobi
Total Read : 24
Total Download : 801
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Description :


Unmasking The Administrative State

Author by : John Marini
Languange : en
Publisher by : Encounter Books
Format Available : PDF, ePub, Mobi
Total Read : 16
Total Download : 138
File Size : 52,9 Mb
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Description : The election of Donald J. Trump to the presidency shocked the political establishment, triggering a wave of hysteria among the bicoastal elite that may never subside. The biggest shockwaves of all, however, were felt not in the progressive parishes of Manhattan or San Francisco, but in the halls of the political elite’s cherished and oft-overlooked center of power—Washington, DC’s sprawling “administrative state”—for President Trump represented an existential threat to its denizens, who came to be known as “swamp creatures.” How did it come to pass that the “draining of the swamp” would become a core aim of the Trump administration, impacting everything from judicial appointments to the federal budget and regulatory policy? Marini’s unmasking of the administrative state goes beyond bureaucracy or legalism to its core in an intellectual elite whose consensus transcends whatever disagreements flare up. The universities, the media, and think-tanks that denounce Trump are its heart. The answer to this question and many more lies in the underappreciated but revolutionary scholarship of Professor John Marini, collected in his new book, Unmasking the Administrative State, which tells the critical missed story of the last century of political history: The ascendance of the theory behind and resultant growth of an administrative state that has supplanted limited constitutional government with the tyranny of unbounded anticonstitutional bureaucracy. Marini illustrates the existential threat of the administrative state to our republic, exposes the regressive philosophy from which it springs, and argues for the reassertion of the founding principles to restore self-government. The Trump administration may be the best chance to apply the lessons of Marini’s life’s work and seize this remarkable opportunity to restore power to its rightful owners: the American people.