The Rise Of The Administrative Process

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The Administrative State

Author : Dwight Waldo
Publisher : Routledge
ISBN 13 : 1351486330
Total Pages : 384 pages
Book Rating : 4.3/5 (514 download)

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Book Synopsis The Administrative State by : Dwight Waldo

Download or read book The Administrative State written by Dwight Waldo and published by Routledge. This book was released on 2017-09-04 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Is Administrative Law Unlawful?

Author : Philip Hamburger
Publisher : University of Chicago Press
ISBN 13 : 022611645X
Total Pages : 646 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Is Administrative Law Unlawful? by : Philip Hamburger

Download or read book Is Administrative Law Unlawful? written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

The Administrative Threat

Author : Philip Hamburger
Publisher : Encounter Books
ISBN 13 : 159403950X
Total Pages : 50 pages
Book Rating : 4.5/5 (94 download)

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Book Synopsis The Administrative Threat by : Philip Hamburger

Download or read book The Administrative Threat written by Philip Hamburger and published by Encounter Books. This book was released on 2017-05-02 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.

Administrative Burden

Author : Pamela Herd
Publisher : Russell Sage Foundation
ISBN 13 : 087154444X
Total Pages : 361 pages
Book Rating : 4.8/5 (715 download)

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Book Synopsis Administrative Burden by : Pamela Herd

Download or read book Administrative Burden written by Pamela Herd and published by Russell Sage Foundation. This book was released on 2019-01-09 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Winner of the 2020 Outstanding Book Award Presented by the Public and Nonprofit Section of the National Academy of Management Winner of the 2019 Louis Brownlow Book Award from the National Academy of Public Administration Bureaucracy, confusing paperwork, and complex regulations—or what public policy scholars Pamela Herd and Donald Moynihan call administrative burdens—often introduce delay and frustration into our experiences with government agencies. Administrative burdens diminish the effectiveness of public programs and can even block individuals from fundamental rights like voting. In AdministrativeBurden, Herd and Moynihan document that the administrative burdens citizens regularly encounter in their interactions with the state are not simply unintended byproducts of governance, but the result of deliberate policy choices. Because burdens affect people’s perceptions of government and often perpetuate long-standing inequalities, understanding why administrative burdens exist and how they can be reduced is essential for maintaining a healthy public sector. Through in-depth case studies of federal programs and controversial legislation, the authors show that administrative burdens are the nuts-and-bolts of policy design. Regarding controversial issues such as voter enfranchisement or abortion rights, lawmakers often use administrative burdens to limit access to rights or services they oppose. For instance, legislators have implemented administrative burdens such as complicated registration requirements and strict voter-identification laws to suppress turnout of African American voters. Similarly, the right to an abortion is legally protected, but many states require women seeking abortions to comply with burdens such as mandatory waiting periods, ultrasounds, and scripted counseling. As Herd and Moynihan demonstrate, administrative burdens often disproportionately affect the disadvantaged who lack the resources to deal with the financial and psychological costs of navigating these obstacles. However, policymakers have sometimes reduced administrative burdens or shifted them away from citizens and onto the government. One example is Social Security, which early administrators of the program implemented in the 1930s with the goal of minimizing burdens for beneficiaries. As a result, the take-up rate is about 100 percent because the Social Security Administration keeps track of peoples’ earnings for them, automatically calculates benefits and eligibility, and simply requires an easy online enrollment or visiting one of 1,200 field offices. Making more programs and public services operate this efficiently, the authors argue, requires adoption of a nonpartisan, evidence-based metric for determining when and how to institute administrative burdens, with a bias toward reducing them. By ensuring that the public’s interaction with government is no more onerous than it need be, policymakers and administrators can reduce inequality, boost civic engagement, and build an efficient state that works for all citizens.

Creating the Administrative Constitution

Author : Jerry L. Mashaw
Publisher : Yale University Press
ISBN 13 : 030018347X
Total Pages : 420 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Creating the Administrative Constitution by : Jerry L. Mashaw

Download or read book Creating the Administrative Constitution written by Jerry L. Mashaw and published by Yale University Press. This book was released on 2012-06-26 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."

Tocqueville's Nightmare

Author : Daniel R. Ernst
Publisher :
ISBN 13 : 0199920869
Total Pages : 241 pages
Book Rating : 4.1/5 (999 download)

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Book Synopsis Tocqueville's Nightmare by : Daniel R. Ernst

Download or read book Tocqueville's Nightmare written by Daniel R. Ernst and published by . This book was released on 2014 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Between 1900 and 1940, Americans confronted a puzzle: how could administrative agencies address the nation's troubles without violating individual liberty? From the close reasoning of judges, the self-interest of lawyers, and the machinations of politicians, an answer emerged. 'Judicialize' agencies' procedures, and a 'rule of lawyers' would keep America free.

Politics of the Administrative Process

Author : Donald F. Kettl
Publisher : CQ Press
ISBN 13 : 1506357105
Total Pages : 890 pages
Book Rating : 4.5/5 (63 download)

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Book Synopsis Politics of the Administrative Process by : Donald F. Kettl

Download or read book Politics of the Administrative Process written by Donald F. Kettl and published by CQ Press. This book was released on 2016-12-16 with total page 890 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politics of the Administrative Process shows how efficient public administration requires a delicate balance—the bureaucracy must be powerful enough to be effective, but also accountable to elected officials and citizens. Author Don Kettl gives students a realistic, relevant, and well-researched view of the field in this reader–friendly best seller. With its engaging vignettes, rich examples and a unique focus on policymaking and politics, the Seventh Edition continues its strong emphasis on politics, accountability, and performance. This new edition has been thoroughly updated with new scholarship, data, events, and case studies, giving students multiple opportunities to apply ideas and analysis as they read.

Routledge Handbook of Constitutional Law

Author : Mark Tushnet
Publisher : Routledge
ISBN 13 : 1135100195
Total Pages : 529 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis Routledge Handbook of Constitutional Law by : Mark Tushnet

Download or read book Routledge Handbook of Constitutional Law written by Mark Tushnet and published by Routledge. This book was released on 2013-06-26 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.

Administrative Law in a Global Era

Author : Alfred C. Aman
Publisher : Cornell University Press
ISBN 13 : 9780801423727
Total Pages : 236 pages
Book Rating : 4.4/5 (237 download)

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Book Synopsis Administrative Law in a Global Era by : Alfred C. Aman

Download or read book Administrative Law in a Global Era written by Alfred C. Aman and published by Cornell University Press. This book was released on 1992 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Focusing on the emergence of the doctrine of presidential deference, Aman then turns to the present era. He examines agency deregulation and increased executive power as responses to increased global competition and the changing political and economic perspectives it requires. He goes on to analyze how emerging global environmental and developmental issues may temper domestic regulatory and deregulatory discourses based on the demands of global competition. Administrative Law in a Global Era suggests how a complex global regulatory discourse that includes public interest components ultimately may provide the basis for future transformations of domestic and international public law." "This timely book will be welcomed by legal scholars, political scientists, American historians, policymakers, and other readers interested in the history and future of administrative law and international and domestic environmental regulation."--BOOK JACKET.

Bureaucracy in America

Author : Joseph Postell
Publisher : University of Missouri Press
ISBN 13 : 0826273785
Total Pages : 416 pages
Book Rating : 4.8/5 (262 download)

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Book Synopsis Bureaucracy in America by : Joseph Postell

Download or read book Bureaucracy in America written by Joseph Postell and published by University of Missouri Press. This book was released on 2017-07-30 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.

Law and Leviathan

Author : Cass R. Sunstein
Publisher : Harvard University Press
ISBN 13 : 0674247531
Total Pages : 209 pages
Book Rating : 4.6/5 (742 download)

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Book Synopsis Law and Leviathan by : Cass R. Sunstein

Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Administrative Law in the Political System

Author : Kenneth Warren
Publisher : Routledge
ISBN 13 : 0429757328
Total Pages : 545 pages
Book Rating : 4.4/5 (297 download)

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Book Synopsis Administrative Law in the Political System by : Kenneth Warren

Download or read book Administrative Law in the Political System written by Kenneth Warren and published by Routledge. This book was released on 2019-08-06 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emphasizing that administrative law must be understood within the context of the political system, this core text combines a descriptive systems approach with a social science focus. Author Kenneth F. Warren explains the role of administrative law in shaping, guiding, and restricting the actions of administrative agencies. Providing comprehensive coverage, he examines the field not only from state and federal angles, but also from the varying perspectives of legislators, administrators, and the public. Substantially revised, the sixth edition emphasizes current trends in administrative law, recent court decisions, and the impact the Trump administration has had on public administration and administrative law. Special attention is devoted to how the neo-conservative revival, strengthened by Trump appointments to the federal judiciary, have influenced the direction of administrative law and impacted the administrative state. Administrative Law in the Political System: Law, Politics, and Regulatory Policy, Sixth Edition is a comprehensive administrative law textbook written by a social scientist for social science students, especially upper division undergraduate and graduate students in political science, public administration, public management, and public policy and administration programs.

Crisis and Legitimacy

Author : James O. Freedman
Publisher : Cambridge University Press
ISBN 13 : 9780521293808
Total Pages : 340 pages
Book Rating : 4.2/5 (938 download)

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Book Synopsis Crisis and Legitimacy by : James O. Freedman

Download or read book Crisis and Legitimacy written by James O. Freedman and published by Cambridge University Press. This book was released on 1980-05-30 with total page 340 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most striking developments in American history has been the steady growth in the administrative process, to the point that the regulatory agencies of the federal government now affect the lives of more citizens more pervasively than the courts and possibly the Congress. In virtually every relevant respect, the administrative process has become a fourth branch of government, comparable in the scope of its authority and the impact of its decision making to the three more familiar constitutional branches. This book identifies and examines the causes of the enduring sense of crisis associated with the administrative process. This book argues a theory of legitimacy for the administrative process must be created. The author seeks to develop such a theory from the quality of administrative justice, taking as a premise the conviction that the capacity of government to devise fair procedures for the discharge of its decision-making responsibilities is the essence of democratic practice.

The Transformation of Administrative Law in Europe

Author : Matthias Ruffert
Publisher : sellier. european law publ.
ISBN 13 : 3935808917
Total Pages : 335 pages
Book Rating : 4.9/5 (358 download)

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Book Synopsis The Transformation of Administrative Law in Europe by : Matthias Ruffert

Download or read book The Transformation of Administrative Law in Europe written by Matthias Ruffert and published by sellier. european law publ.. This book was released on 2007 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.

The Oxford Handbook of American Political Development

Author : Richard M. Valelly
Publisher : Oxford University Press
ISBN 13 : 0191086983
Total Pages : 898 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Oxford Handbook of American Political Development by : Richard M. Valelly

Download or read book The Oxford Handbook of American Political Development written by Richard M. Valelly and published by Oxford University Press. This book was released on 2016-09-15 with total page 898 pages. Available in PDF, EPUB and Kindle. Book excerpt: Scholars working in or sympathetic to American political development (APD) share a commitment to accurately understanding the history of American politics - and thus they question stylized facts about America's political evolution. Like other approaches to American politics, APD prizes analytical rigor, data collection, the development and testing of theory, and the generation of provocative hypotheses. Much APD scholarship indeed overlaps with the American politics subfield and its many well developed literatures on specific institutions or processes (for example Congress, judicial politics, or party competition), specific policy domains (welfare policy, immigration), the foundations of (in)equality in American politics (the distribution of wealth and income, race, ethnicity, gender, class, and sexual and gender orientation), public law, and governance and representation. What distinguishes APD is careful, systematic thought about the ways that political processes, civic ideals, the political construction of social divisions, patterns of identity formation, the making and implementation of public policies, contestation over (and via) the Constitution, and other formal and informal institutions and processes evolve over time - and whether (and how) they alter, compromise, or sustain the American liberal democratic regime. APD scholars identify, in short, the histories that constitute American politics. They ask: what familiar or unfamiliar elements of the American past illuminate the present? Are contemporary phenomena that appear new or surprising prefigured in ways that an APD approach can bring to the fore? If a contemporary phenomenon is unprecedented then how might an accurate understanding of the evolution of American politics unlock its significance? Featuring contributions from leading academics in the field, The Oxford Handbook of American Political Development provides an authoritative and accessible analysis of the study of American political development.

Administrative Law from the Inside Out

Author : Nicholas R. Parrillo
Publisher : Cambridge University Press
ISBN 13 : 1107159512
Total Pages : 559 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Administrative Law from the Inside Out by : Nicholas R. Parrillo

Download or read book Administrative Law from the Inside Out written by Nicholas R. Parrillo and published by Cambridge University Press. This book was released on 2017-03-23 with total page 559 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays interrogate and extend the work of Jerry L. Mashaw, the most boundary-pushing scholar in the field of administrative law.

Reasoned Administration and Democratic Legitimacy

Author : Jerry L. Mashaw
Publisher : Cambridge University Press
ISBN 13 : 1108421008
Total Pages : 213 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Reasoned Administration and Democratic Legitimacy by : Jerry L. Mashaw

Download or read book Reasoned Administration and Democratic Legitimacy written by Jerry L. Mashaw and published by Cambridge University Press. This book was released on 2018-09-27 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explains how administrative government maintains mutual respect among citizens, legitimates administrative government under law, and supports a realistic vision of democracy.