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.

Administrative Law

Author : Roscoe Pound
Publisher : University of Pittsburgh Pre
ISBN 13 : 0822975289
Total Pages : 151 pages
Book Rating : 4.8/5 (229 download)

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Book Synopsis Administrative Law by : Roscoe Pound

Download or read book Administrative Law written by Roscoe Pound and published by University of Pittsburgh Pre. This book was released on 2010-11-23 with total page 151 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roscoe Pound (1870-1964) taught at Harvard from 1910 until 1947, serving as dean of the Harvard Law School from 1916 to 1936. He is acknowledged as the founder of sociological jurisprudence-an interdisciplinary approach to legal concepts in which the law is recognized as a dynamic system that is influenced by social conditions and that, in turn, influences society as a whole. Pound's five-volume Jurisprudence is among the most comprehensive of twentieth-century legal works. His lectures draw direct connections between the abstract fundamentals of philosophy, using the works of Kant, Hegel, Spencer, Comte, and others, and the trends and problems of legal principles and rules. This book includes topics of: "The Place of Administration in the Legal Order"; "The Rise of Administrative Justice"; "Administrative Procedure"; "The Future of Judicial Justice"; and "Substitutes for Law"

Judicializing the Administrative State

Author : Hiroshi Okayama
Publisher : Routledge
ISBN 13 : 1351393332
Total Pages : 319 pages
Book Rating : 4.3/5 (513 download)

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Book Synopsis Judicializing the Administrative State by : Hiroshi Okayama

Download or read book Judicializing the Administrative State written by Hiroshi Okayama and published by Routledge. This book was released on 2019-05-10 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Politics of the Administrative Process

Author : James William Fesler
Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis The Politics of the Administrative Process by : James William Fesler

Download or read book The Politics of the Administrative Process written by James William Fesler and published by . This book was released on 1996 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: An introduction to the field of public administration which has been revised to reflect the political issues of the 1990s. The major components and processes of the bureaucratic system are covered. This encompasses the functions and tools of government, organization theory, the executive branch, and the civil service, as well as problems of decision making, budgeting, implementation, and legislative and judicial control.

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.

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.

Politics of the Administrative Process

Author : Donald F. Kettl
Publisher : CQ Press
ISBN 13 : 1071875582
Total Pages : 481 pages
Book Rating : 4.0/5 (718 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 2023-08-15 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politics of the Administrative Process gives students a realistic, relevant, and well-researched view of the field while remaining reader-friendly with engaging vignettes and rich, current examples. With a unique focus on policymaking and politics, the Ninth Edition continues its strong emphasis on politics, accountability, and performance.

Administrative Burden

Author : Pamela Herd
Publisher : Russell Sage Foundation
ISBN 13 : 1610448782
Total Pages : 361 pages
Book Rating : 4.6/5 (14 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.

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.

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."

Politics of the Administrative Process

Author : Donald F. Kettl
Publisher : CQ Press
ISBN 13 : 1544374313
Total Pages : 515 pages
Book Rating : 4.5/5 (443 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 2020-01-14 with total page 515 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Kettl′s Politics of the Administrative Process continues to resonate well with students of public administration because it discusses key concepts and theories in a straightforward, cogent, and contemporary manner that both faculty and students appreciate." —Brian Bulla, Appalachian State University Efficient public administration requires a delicate balance—the bureaucracy must be powerful enough to be effective, but also accountable to elected officials and citizens. Donald F. Kettl understands that the push and pull of political forces in a democracy make the functions of bureaucracy contentious, but no less crucial. Politics of the Administrative Process gives students a realistic, relevant, and well-researched view of the field while remaining reader-friendly with engaging vignettes and rich examples. With a unique focus on policymaking and politics, the Eighth Edition continues its strong emphasis on politics, accountability, and performance.

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.

Controlling the Bureaucracy

Author : William F. West
Publisher : M.E. Sharpe
ISBN 13 : 9781563245138
Total Pages : 242 pages
Book Rating : 4.2/5 (451 download)

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Book Synopsis Controlling the Bureaucracy by : William F. West

Download or read book Controlling the Bureaucracy written by William F. West and published by M.E. Sharpe. This book was released on 1995 with total page 242 pages. Available in PDF, EPUB and Kindle. Book excerpt: Although the growth of bureaucracy has accompanied modernization throughout the world, it has been especially unsettling for America's particular system of democracy. American government has adapted to the rise of the administrative state through three, often-conflicting, means of promoting accountability. It has sought to ensure desired qualities in agency decision making through participatory opportunities and standards of rationality that are enforced through the courts. And both the president and Congress have sought to monitor and shape agencies' actions in accordance with their own policy preferences. Each of these controls has received considerable attention, but there are few up-to-date discussions of all three. This book fills that void by providing a balanced overview of the institutional powers and resources associated with administrative due process and executive and legislative oversight at the federal level.

Public Administration and Law

Author : David H. Rosenbloom
Publisher : Routledge
ISBN 13 : 1351552813
Total Pages : 535 pages
Book Rating : 4.3/5 (515 download)

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Book Synopsis Public Administration and Law by : David H. Rosenbloom

Download or read book Public Administration and Law written by David H. Rosenbloom and published by Routledge. This book was released on 2017-09-25 with total page 535 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the first edition of Public Administration and Law was published in 1983, it has retained its unique status of being the only book in the field of public administration that analyzes how constitutional law regulates and informs the way administrators interact with each other and the public. Examining First, Fourth, Fifth, Eighth, and Fourteenth Amendment rights as they pertain to these encounters, it explains how public administrators must do their jobs and how administrative systems must operate in order to comply with constitutional law. Explores the conflicts between laws The book begins by presenting a historical account of the way constitutional and administrative law have incrementally "retrofitted" public agencies into the nation’s constitutional design. It examines the federal judiciary’s impact on federal administration and the effect of the nation’s myriad environmental laws on public administration. Next, it focuses on the role of the individual as a client and customer of public agencies. In a discussion of the Fourth Amendment, it examines street-level encounters between citizens and law enforcement agents. Responding to the rise of the new public management (NPM), it also adds, for the first time in this edition, a chapter that analyzes the rights of the individual not only as a government employee but also as a government contractor. Enhanced with numerous references The final chapters of the book address issues concerning the rights of inmates in administrative institutions and balancing the need to protect individual rights with the ability of agencies to function effectively. Supplemented with case citations and lists of articles, books, and documents, this text is designed to facilitate further study in a constantly evolving area. About the Authors: David H. Rosenbloom, Ph.D. is Distinguished Professor of Public Administration in the School of Public Affairs at American University in Washington, D.C., and Chair Professor of Public Management at City University of Hong Kong. Rosemary O’Leary, Ph.D., J.D. is Distinguished Professor of Public Administration and the Howard G. and S. Louise Phanstiel Chair in Strategic Management and Leadership at Syracuse University. Joshua M. Chanin, M.P.A., J.D. is a Ph.D. candidate in Public Administration and Justice, Law, and Society in the School of Public Affairs at American University in Washington, D.C.

The American Law School and the Rise of Administrative Government

Author : William C. Chase
Publisher :
ISBN 13 :
Total Pages : 200 pages
Book Rating : 4.:/5 (43 download)

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Book Synopsis The American Law School and the Rise of Administrative Government by : William C. Chase

Download or read book The American Law School and the Rise of Administrative Government written by William C. Chase and published by . This book was released on 1982 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Federal Administrative Law

Author : Rinehart John Swenson
Publisher :
ISBN 13 :
Total Pages : 392 pages
Book Rating : 4.:/5 (5 download)

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Book Synopsis Federal Administrative Law by : Rinehart John Swenson

Download or read book Federal Administrative Law written by Rinehart John Swenson and published by . This book was released on 1952 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Tocqueville's Nightmare

Author : Daniel R. Ernst
Publisher : Oxford University Press, USA
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 Oxford University Press, USA. This book was released on 2014 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.