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| Author | : M. L. M. Hertogh |
| Publisher | : Cambridge University Press |
| Total Pages | : 334 |
| Release | : 2004-08-19 |
| Genre | : Law |
| ISBN | : 9780521547864 |
A collection of essays which focus on the relationship between judicial review and bureaucratic behaviour.
| Author | : Yuan Gao |
| Publisher | : |
| Total Pages | : 207 |
| Release | : 2015 |
| Genre | : |
| ISBN | : |
This study examines whether and how much the bureaucracy responds to the judiciary. Specifically, I utilize cross-sectional, time-series data to analyze the extent to which variation in bureaucratic decision-making regarding affirmative action programs in public contracting across time and U.S. states is explained by the shifting legal environment. Federal agencies are found more likely to adjust minority contract amounts in response to the executive branch. State agencies appear to be somewhat responsive to courts during affirmative action goal-setting, but not in goal attainment. Overall, I did not find enough evidence that indicates significant bureaucratic responsiveness to judicial review. The lack of judicial impact may be further understood from utilitarian, communications and organizational theoretical perspectives.
| Author | : Jerry L. Mashaw |
| Publisher | : Yale University Press |
| Total Pages | : 260 |
| Release | : 1983-01-01 |
| Genre | : Law |
| ISBN | : 9780300034035 |
Anyone interested in 'good government' should read Jerry Mashaw's new book on how the social Security Administration implements congressionally mandated policy for controlled consistent distribution of disability benefits. . . . He offers an important perspective on bureaucracy that must be considered when devising procedures for not only disability determinations but also other forms of administrative adjudication.--Linda A. O'Hare, American Bar Association Journal A major contribution to the ongoing debate about administrative law and mass justice.--Lance Liebman and Richard B. Stewart, Harvard Law Review Profound implications for the future of democratic government. . . . Practical, analytical policymaking for a complex decision system of great significance to many Americans.--Paul R. Verkuil, Yale Law Journal An exceptionally valuable book for anyone who is concerned about the role of law in the administrative state. Mashaw manages to range broadly without becoming superficial, and to present a coherent and challenging theory in lively, readable prose. Bureaucratic Justice seems certain to become a standard reference work for administrative lawyers, and for anyone else who seeks the elusive goal of developing more humane and more effective public bureaucracies.--Barry Boyer, Michigan Law Review Strongly recommended for use in graduate seminars in public policy or law. . . . If we are to develop a positive model of bureaucratic competence, we must answer the insightful questions rased in this cogent book.--David L. Martin, American Political Science Review Mashaw provides an excellent analysis of middle range processes of decision making.--Gerald Turkel, Qualitative Sociology Stimulating and provocative and . . . makes a contribution to the ongoing dialogue about due process in public administration.... It is tightly organized, cogently argued, and full of pithy historical illustrations. . . . One of the best such works in many years. --Annals of the American Academy of Political and Social Science A thoughtful, challenging, and very useful book.--Choice Inspires a new direction in administrative law scholarship.--A.I. Ogus, Oxford Journal of Legal Studies
| Author | : Robert F. Durant |
| Publisher | : OUP Oxford |
| Total Pages | : 888 |
| Release | : 2012-08-02 |
| Genre | : Political Science |
| ISBN | : 0191628336 |
One of the major dilemmas facing the administrative state in the United States today is discerning how best to harness for public purposes the dynamism of markets, the passion and commitment of nonprofit and volunteer organizations, and the public-interest-oriented expertise of the career civil service. Researchers across a variety of disciplines, fields, and subfields have independently investigated aspects of the formidable challenges, choices, and opportunities this dilemma poses for governance, democratic constitutionalism, and theory building. This literature is vast, affords multiple and conflicting perspectives, is methodologically diverse, and is fragmented. The Oxford Handbook of American Bureaucracy affords readers an uncommon overview and integration of this eclectic body of knowledge as adduced by many of its most respected researchers. Each of the chapters identifies major issues and trends, critically takes stock of the state of knowledge, and ponders where future research is most promising. Unprecedented in scope, methodological diversity, scholarly viewpoint, and substantive integration, this volume is invaluable for assessing where the study of American bureaucracy stands at the end of the first decade of the 21st century, and where leading scholars think it should go in the future. The Oxford Handbooks of American Politics are a set of reference books offering authoritative and engaging critical overviews of the state of scholarship on American politics. Each volume focuses on a particular aspect of the field. The project is under the General Editorship of George C. Edwards III, and distinguished specialists in their respective fields edit each volume. The Handbooks aim not just to report on the discipline, but also to shape it as scholars critically assess the scholarship on a topic and propose directions in which it needs to move. The series is an indispensable reference for anyone working in American politics. General Editor for The Oxford Handbooks of American Politics: George C. Edwards III
| Author | : Charles Richard Shipan |
| Publisher | : |
| Total Pages | : 486 |
| Release | : 1993 |
| Genre | : |
| ISBN | : |
| Author | : Andrea Castagnola |
| Publisher | : Routledge |
| Total Pages | : 191 |
| Release | : 2016-11-03 |
| Genre | : Political Science |
| ISBN | : 1315520605 |
After more than seventy years of uninterrupted authoritarian government headed by the Partido Revolucionario Institucional (PRI), Mexico formally began the transition to democracy in 2000. Unlike most other new democracies in Latin America, no special Constitutional Court was set up, nor was there any designated bench of the Supreme Court for constitutional adjudication. Instead, the judiciary saw its powers expand incrementally. Under this new context inevitable questions emerged: How have the justices interpreted the constitution? What is the relation of the court with the other political institutions? How much autonomy do justices display in their decisions? Has the court considered the necessary adjustments to face the challenges of democracy? It has become essential in studying the new role of the Supreme Court to obtain a more accurate and detailed diagnosis of the performances of its justices in this new political environment. Through critical review of relevant debates and using original data sets to empirically analyze the way justices voted on the three main means of constitutional control from 2000 through 2011, leading legal scholars provide a thoughtful and much needed new interpretation of the role the judiciary plays in a country’s transition to democracy This book is designed for graduate courses in law and courts, judicial politics, comparative judicial politics, Latin American institutions, and transitions to democracy. This book will equip scholars and students with the knowledge required to understand the importance of the independence of the judiciary in the transition to democracy.
| Author | : Cass R. Sunstein |
| Publisher | : Harvard University Press |
| Total Pages | : 209 |
| Release | : 2020-09-15 |
| Genre | : Law |
| ISBN | : 0674247531 |
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.
| Author | : William T. Gormley Jr. |
| Publisher | : Princeton University Press |
| Total Pages | : 286 |
| Release | : 2014-07-14 |
| Genre | : Business & Economics |
| ISBN | : 1400860164 |
Americans are just emerging from one of the great reform eras in our historyan era in which we attempted to control public bureaucracies through interest representation, due process, management, policy analysis, federalism, and oversight. The United States has, in fact, undergone an institutional realignment and has emerged with a weaker, less autonomous bureaucracy. In a book that will interest not only public administration specialists but students of American government generally, William Gormley examines the consequences of the reform efforts of the 1970s and 1980s and seeks to understand why, despite an astonishing number of these efforts, we remain dissatisfied with the results. "The American bureaucracy is beleaguered and besieged," writes Gormley. ". . . Unfortunately, the bureaucracy's critics are equally capable of blunders." The author explains our situation by analyzing a spectrum of controls ranging from catalytic to hortatory to coercive. Catalytic controls--such as proxy advocacy, environmental impact statements, and freedom-of-information acts--are most flexible, while coercive controls--such as legislative vetoes, executive orders, and judicial take-overs of state institutions--are most rigid. While recommending that controls be tailored both to issues and to bureaucracies, Gormley shows that coercive interventions (or muscles) often generate new bureaucratic pathologies without eradicating old ones. In contrast, catalytic controls (or prayers) energize the bureaucracy without predetermining a hastily crafted response. Originally published in 1989. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
| Author | : Robin Creyke |
| Publisher | : |
| Total Pages | : 47 |
| Release | : 2006 |
| Genre | : Law |
| ISBN | : 9781862875791 |
The courts’ supervision of tribunals is significant. How well do courts understand tribunals’ place in government? How sensitive are they to the needs of an independent adjudicative arm which parallels the courts’ role but is constituted and functions differently?The Impact of Judicial Review on Tribunals surveys cases of relevance to tribunals and shows that although on occasions, such as following Wu Shan Liang, the courts have allowed for these differences, in general, the judicial arm has been critical of, and placed demands on, tribunals. Nor have they supported tribunals’ inquisitorial role. The result has prevented the development of a distinctive tribunal mode of operations.
| Author | : Patrick C. Wohlfarth |
| Publisher | : |
| Total Pages | : 0 |
| Release | : 2009 |
| Genre | : |
| ISBN | : |
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