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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.
Given that this book is written for scholars, practitioners, students, and community members, it emphasizes praxis, the critical interface between public administration theory and the practice of eminent domain. This book is the most comprehensive analysis on eminent domain in...
This global encyclopedic work serves as a comprehensive collection of global scholarship regarding the vast fields of public administration, public policy, governance, and management. Written and edited by leading international scholars and practitioners, this exhaustive resource covers all areas of the above fields and their numerous subfields of study. In keeping with the multidisciplinary spirit of these fields and subfields, the entries make use of various theoretical, empirical, analytical, practical, and methodological bases of knowledge. Expanded and updated, the second edition includes over a thousand of new entries representing the most current research in public administration, public policy, governance, nonprofit and nongovernmental organizations, and management covering such important sub-areas as: 1. organization theory, behavior, change and development; 2. administrative theory and practice; 3. Bureaucracy; 4. public budgeting and financial management; 5. public economy and public management 6. public personnel administration and labor-management relations; 7. crisis and emergency management; 8. institutional theory and public administration; 9. law and regulations; 10. ethics and accountability; 11. public governance and private governance; 12. Nonprofit management and nongovernmental organizations; 13. Social, health, and environmental policy areas; 14. pandemic and crisis management; 15. administrative and governance reforms; 16. comparative public administration and governance; 17. globalization and international issues; 18. performance management; 19. geographical areas of the world with country-focused entries like Japan, China, Latin America, Europe, Asia, Africa, the Middle East, Russia and Eastern Europe, North America; and 20. a lot more. Relevant to professionals, experts, scholars, general readers, researchers, policy makers and manger, and students worldwide, this work will serve as the most viable global reference source for those looking for an introduction and advance knowledge to the field.
Managerial Discretion In Government Decision Making: Beyond The Street Level Provides A Comprehensive Discussion Of Managerial And Executive Discretion At All Levels Of Government. Beginning With A Discussion Of Moving Beyond Street-Level Discourse, This Book Sets The Stage For Studying Managerial Discretion. It Examines Aspects Of Expertise In Discretionary Decision Making At The Federal Level, Including Several Case Examples To Account For The Wide Usage Of Executive Orders In Managerial Positions, And Examines The Formal Roles Of Managers At State Government Levels, While Highlighting The Variations Among State Managers In Their Usage Of Discretion, With Examples Of State Managers With Too Much Discretion. Next The Book Identifies Key Aspects Of Managerial Discretion In Local Governments, Including Information On The Applicability Of Discretion In School Districts And Its Implications In Decision Making, Discusses The Myriad Ways In Which Managers In Local Jurisdictions Either Individually Or Collectively Make Decisions Within The Parameters Of State Laws, Board Regulations, And/Or Council Ordinances, And Concludes With A Discussion Of How Much Discretion Managers Should Have And Dangers Inherent In Providing Managers With Too Much Discretion, And Reinforces The Discourses On Accountability In Public Organizations.
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. --
As first responders to public problems, administrators must survey situations, identify solutions, and occasionally make executive decisions that are binding upon the government as a whole. The ability for administrators to assert claims that orient the government in a particular direction is not only powerful, but it can also be problematic and even dangerous. For administrators, the tension between moving in a spirited way, and remaining sensible, is a problem of how to exercise one’s discretion, especially in the U.S. context, which demands that both be considered and actualized. In dealing with these competing expectations, Chad B. Newswander analyzes how administrators can incorporate executive, legislative, and judicial tendencies to help them handle the problem of discretion. Expanding the thinking of the constitutional school of public administration thought, Administrative Ethics and Executive Decisions is a theoretically grounded and empirically rich study of how administrators incorporate a constitutional ethos to handle the problem of discretion.
Examines the operation of three agencies in Boston, Mass.