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An historical and comparative explanation of some puzzling differences between the administrative law of England, the USA and Australia.
This volume proposes a capacity-centered approach for understanding American bureaucracy. The administrative institutions that made the country a superpower turned out to be fragile under Donald Trump’s presidency. Laboring beneath systematic accusations of deep statism, combined with a market oriented federal administration, bureaucratic capacity manifested its decay in the public health and constitutional cataclysms of 2020, denting America’s global leadership and contributing to its own people’s suffering. The authors combine interviews with a historical examination of federal administrative reforms in the backdrop of the recent pandemic and electoral tumult to craft a developmental framework of the ebb and flow of capacity. While reforms, large and small, brought about professionalization and other benefits to federal administration, they also camouflaged a gradual erosion when anti-bureaucratic approaches became entrenched. A sclerotic, brittle condition in the government’s capacity to work efficiently and accountably arose over time, even as administrative power consolidated around the executive. That co-evolutionary dynamic made federal government ripe for the capacity bifurcation, delegitimization, and disinvestment witnessed over the last four years. As the system works out the long-term impacts of such a deconstruction, it also prompts a rethinking of capacity in more durable terms. Calling attention to a more comprehensive appreciation of the dynamics around administrative capacity, this volume argues for Congress, citizens, and the good government community to promote capacity rebuilding initiatives that have resilience at the core. As such, the book will be of interest to citizens, public reformers, civic leaders, scholars and students of public administration, policy, and public affairs.
Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.
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.
In this Handbook, distinguished experts in the field of administrative law discuss a wide range of issues from a comparative perspective. The book covers the historical beginnings of comparative administrative law scholarship, and discusses important methodological issues and basic concepts such as administrative power and accountability.
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.
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."