Download or read book Public Management and the Rule of Law written by Julia Beckett and published by M.E. Sharpe. This book was released on 2015-05-18 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: Filled with practical tools and guidelines, this book addresses an essential competence for public managers - incorporating governance and law in public administration. It links democratic constitutional values to administrative decision making and practices by stressing how public law authorizes, informs, and democratically constrains public servants in fulfilling public policies. The author addresses important aspects of governance in chapters that discuss democratic values of the rule of law, constitutional law, legislation and policy, administrative law, judicial practice, contract law, and tort law. The book also considers the practical aspects of public management (such as tax collection, benefits administration, personnel administration, and more), with application guidelines and techniques based on thorough legal grounding.
Download or read book Design for Liberty written by Richard A. Epstein and published by Harvard University Press. This book was released on 2011-11-15 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: Following a vast expansion in the twentieth century, government is beginning to creak at the joints under its enormous weight. The signs are clear: a bloated civil service, low approval ratings for Congress and the President, increasing federal-state conflict, rampant distrust of politicians and government officials, record state deficits, and major unrest among public employees. In this compact, clearly written book, the noted legal scholar Richard Epstein advocates a much smaller federal government, arguing that our over-regulated state allows too much discretion on the part of regulators, which results in arbitrary, unfair decisions, rent-seeking, and other abuses. Epstein bases his classical liberalism on the twin pillars of the rule of law and of private contracts and property rights—an overarching structure that allows private property to keep its form regardless of changes in population, tastes, technology, and wealth. This structure also makes possible a restrained public administration to implement limited objectives. Government continues to play a key role as night-watchman, but with the added flexibility in revenues and expenditures to attend to national defense and infrastructure formation. Although no legal system can eliminate the need for discretion in the management of both private and public affairs, predictable laws can cabin the zone of discretion and permit arbitrary decisions to be challenged. Joining a set of strong property rights with sound but limited public administration could strengthen the rule of law, with its virtues of neutrality, generality, clarity, consistency, and forward-lookingness, and reverse the contempt and cynicism that have overcome us.
Download or read book Public Administration and Law Third Edition written by David H. Rosenbloom and published by CRC Press. This book was released on 1996-09-12 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Practical Handbook for Public Administrators Despite the sizeable literature on administrative law and the courts, few books adequately demonstrate how judicial decisions have transformed American public administration thought and practice. Public Administration and Law is the first book of its kind to comprehensively examine the impact of judicial decisions on the enterprise of public administration. A practical guide for practitioners, this book goes beyond a theoretical framework and provides concrete advice for real-world situations. Rather than abstractly and generally discuss doctrines such as procedural and substantive due process, the book analyzes their application to specific contexts in which administrators engage individuals. Written in a non-technical fashion, the volume discusses contemporary federal administrative law and judicial review of agency action (or inaction). It clearly explains the general framework that controls agency rule making, adjudication, release of information, and related issues. In addition, a section is included on the burgeoning and litigious field of environmental law, and advice is presented as to what public administrators need to know about environmental regulations and what can happen to those who fail to head them. Now in its second edition, this handbook is a must for public administrators who want to successfully avoid judicial scrutiny and challenge of their official actions.
Download or read book Public Administration and Law written by David H. Rosenbloom and published by CRC Press. This book was released on 2010-06-23 with total page 343 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.
Download or read book Public Administration written by David H. Rosenbloom and published by McGraw-Hill Humanities, Social Sciences & World Languages. This book was released on 1998 with total page 632 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work asserts that management, politics and law are central to public administration and that ignoring one or another leads to failures in both the practice of and in academic treatments of the field. The book divides management into two subsets: traditional and the new public management.
Download or read book The Legal Foundations of Public Administration written by Donald D. Barry and published by Rowman & Littlefield. This book was released on 2005 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third edition of this highly respected textbook introduces students of public administration to the practical issues of administrative law. While useful to law school students, it is most relevant to public management students. The presentation provides a concise foundation to the history and theory of administrative law, rule making, and judicial decisions. The most important issues in administrative law are included--meaningful issues for present and future administrators. A larger number of recent cases and other up-to-date information will be found in the book in order to make the student aware of the kinds of legal problems likely to be encountered in public agencies. One or two cases illustrate each problem at hand, rather than discussing numerous arcane court decisions and technicalities of legal procedure, in order to sketch the broad contours of the present law.
Download or read book Public Administration Public Management written by Jan-Erik Lane and published by Routledge. This book was released on 2006-08-21 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: A perspective on the public sector that presents a concise and comprehensive analysis of exactly what it is and how it operates. Governments in any society deliver a large number of services and goods to their populations. To get the job done, they need public management in order to steer resources – employees, money and laws – into policy outputs and outcomes. In well-ordered societies the teams who work for the state work under a rule-of-law framework, known as public administration. This book covers the key issues of: the principal-agent framework and the public sector public principals and their agents the economic reasons of government public organization, incentives and rationality in government the essence of public administration: legality and the rule of law public policy criteria: the Cambridge and Chicago positions public teams and private teams public firms public insurance public management policy Public Administration & Public Management is essential reading for those with professional and research interests in public administration and public management.
Download or read book Public Law and Public Administration written by Phillip J. Cooper and published by . This book was released on 1988 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: The premise of this text for students of law and public management is that public law problems confronting public managers are not only legal, but are also administrative and political. Cooper (U. of Vermont) discusses, for example, the administrative justice system, legal research, judicial policymaking, agency rulemaking, administrative adjudication, informal process, administrative discretion, information policy, and public employees. Case studies are found in the appendices. c. Book News Inc.
Download or read book Public Administration and Law written by Julia Beckett and published by Routledge. This book was released on 2015-02-12 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public Administration and Law has been edited for use as a supplement for an undergraduate or MPA level course on administrative law. The selections, all from the pages of Public Administration Review, have been chosen to enlighten and enliven the contents of any standard administrative law textbook. Each of the book's main sections begins with introductory text and discussion questions by the volume editors, Julia Beckett and Heidi Koenig, followed by relevant readings from PAR. The book's contents follow the standard pattern established by the field's major textbooks to facilitate the instructor's ability to assign readings that illuminate lectures and text material. The book concludes with two invaluable resources - a bibliography of 65 years of PAR articles concerning public law, plus a bibliography of law-related articles appearing in other journals published by ASPA.
Download or read book Administrative Law For Public Managers written by David H Rosenbloom and published by Westview Press. This book was released on 2003-01-23 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book focuses on the essentials that public managers should know about administrative law--why we have administrative law, the constitutional constraints on public administration, and administrative law's frameworks for rulemaking, adjudication, enforcement, transparency, and judicial and legislative review. Rosenbloom views administrative law from the perspectives of administrative practice, rather than lawyering with an emphasis on how various administrative law provisions promote their underlying goal of improving the fit between public administration and U.S. democratic-constitutionalism. Organized around federal administrative law, the book explains the essentials of administrative law clearly and accurately, in non-technical terms, and with sufficient depth to provide readers with a sophisticated, lasting understanding of the subject matter."--Publisher's description.
Download or read book Civil Servants and Their Constitutions written by John Anthony Rohr and published by . This book was released on 2002 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public administration as an American profession originated in the early twentieth century with urban reformers advocating the application of scientific and business practices to rehabilitate corrupt city governments. That approach transformed governance in the United States but also guaranteed recurrent debate over the proper role of public administrators, who must balance the often contradictory demands of efficiency and politically defined notions of the public good. Currently the business approach holds sway. Legitimated by Al Gore's National Performance Review, the New Public Management movement promotes entrepreneurs over civil servants, performance over process, decentralization over centralization, and flexibility over rules. John Rohr demurs, arguing that the movement goes too far in downplaying the distinctively American challenges arising from the separated powers principle. Consequently, the NPM alienates public management from its natural home—a nation-state established within a constitutional order. According to Rohr, "nothing is more fundamental to governance than a constitution; and therefore to stress the constitutional character of administration is to establish the proper role of administration as governance that includes management but transcends it as well." This is not a novel argument for Rohr, who was recognized in 1999 by the Louis Brownlow Committee of the National Academy of Public Administration for his lifetime contributions on the "constitutional underpinnings" of public administration. But this new version of his rule-of-law critique directly addresses the NPM's excesses, framed convincingly as a comparative study of cases found in four countries spanning three centuries. As a result, Rohr establishes that the constitutional-administrative nexus is intimate, stable, pervasive, and enduring. The first half of the book examines the linkages between constitutions and administrations in France, the United Kingdom, and Canada, all of them sufficiently similar to the United States to make comparisons meaningful and sufficiently different to provide illuminating perspectives on domestic practices. The examples extend from the French Revolution through the founding of the Canadian Confederation in the 1860s to such contemporary issues as the influence of administrative directives from Brussels on the British courts. The second half of the book examines American cases in three categories: separation of powers, individual rights, and federalism. In each case Rohr highlights instances of public management "with all its warts and wrinkles tending to the mundane details of translating great constitutional principles into everyday actions." American administrative law, Rohr concludes, has structured safeguards to protect the integrity of administrative decision-making while also holding it accountable. Constitutional law has helped establish civil servants' freedom of speech and applied the fundamental principles of federalism to the administrative process. He summarizes his findings from the case studies by saying that the constitutional role of American civil servants comes not only from specific American experiences but also from the very nature of civil service.
Download or read book Rules of Law and Laws of Ruling written by Franz von Benda-Beckmann and published by Routledge. This book was released on 2016-04-08 with total page 302 pages. Available in PDF, EPUB and Kindle. Book excerpt: Offering an anthropological perspective, this volume explores the changing relations between law and governance, examining how changes in the structure of governance affect the relative social significance of law within situations of legal pluralism. The authors argue that there has been a re-regulation rather than a de-regulation, propagated by a plurality of regulative authorities and this re-regulation is accompanied by an increasing ideological dominance of rights talk and juridification of conflict. Drawing on insights into such processes, this volume explores the extent to which law is used both as a constitutive legitimation of governance and as the medium through which governance processes take place. Highlighting some of the paradoxes and the unintended consequences of these regulating processes and the ensuing dynamics, Rules of Law and Laws of Ruling will be a valuable resource for researchers and students working in the areas of legal anthropology and governance.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book The administration and you A handbook written by Council of Europe and published by Council of Europe. This book was released on 2018-10-30 with total page 70 pages. Available in PDF, EPUB and Kindle. Book excerpt: The public administration is above all for us, the protection of our rights and the pursuit of the public good. This handbook will be of interest to all those concerned with the proper functioning of public administration: individuals who apply for public services and action and the public officials who process their applications; lawyers, judges and ombudspersons involved in the review of the public administration’s activities; and policy makers and legislators concerned with public administration reform. It sets out and explains the substantive and procedural principles of administrative law concerning relations between individuals and public authorities, with commentary backed up by references to the Council of Europe legal instruments (conventions, recommendations and resolutions) from which each principle is drawn and to the relevant case law of the European Court of Human Rights.
Download or read book Money and the Rule of Law written by Peter J. Boettke and published by Cambridge University Press. This book was released on 2021-06-03 with total page 213 pages. Available in PDF, EPUB and Kindle. Book excerpt: Contemporary monetary institutions are flawed at a foundational level. The reigning paradigm in monetary policy holds up constrained discretion as the preferred operating framework for central banks. But no matter how smart or well-intentioned are central bankers, discretionary policy contains information and incentive problems that make macroeconomic stability systematically unlikely. Furthermore, central bank discretion implicitly violates the basic jurisprudential norms of liberal democracy. Drawing on a wide body of scholarship, this volume presents a novel argument in favor of embedding monetary institutions into a rule of law framework. The authors argue for general, predictable rules to provide a sturdier foundation for economic growth and prosperity. A rule of law approach to monetary policy would remedy the flaws that resulted in misguided monetary responses to the 2007-8 financial crisis and the COVID-19 pandemic. Understanding the case for true monetary rules is the first step toward creating more stable monetary institutions.
Download or read book The Constitutional School of American Public Administration written by Stephanie Newbold and published by Taylor & Francis. This book was released on 2016-10-26 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The growing ‘constitutional school’ of public administration has roots in the Federalist Papers, constitutional law, and the writings of several contemporary leaders and contributors in the field. It is comprised of a loose grouping of scholars who subscribe to the proposition that constitutions and the constitutional characteristics of a regime are key determinants of public administrative culture, institutions, organizations, personnel practices, budgetary and decision-making processes, commitment to the rule of law and human rights, and myriad aspects of overall behavior. Participants in constitutional school research believe that the ‘big questions’ in public administration cannot be answered without reference to constitutional designs, institutions, and regime values. This edited volume brings together the most prominent names in constitutional school scholarship in an aim to make it more visible, accessible, and central to the field of public administration's pedagogy, scholarship, and intellectual development. It will be essential reading for scholars and students of public administration with an interest in constitutional / administrative law and political theory around the globe.
Download or read book State Management written by Jan-Erik Lane and published by Routledge. This book was released on 2009-05-15 with total page 192 pages. Available in PDF, EPUB and Kindle. Book excerpt: State Management offers a comprehensive yet concise introduction to the new field of state management, presenting an analysis of basic questions within the theories of bureaucracy, policy-making, principal-agent modelling and policy networks. Focussing upon recent state transformation, it illuminates public sector reform strategies such as New Public Management as well as incorporation, tendering and bidding, decentralization, team production and privatization. This book argues that we should look upon the variety of models or approaches to public management or public administration as all belonging under "state management". The so-called "working state" in a well-ordered society involves government delivering services, paying for social security and respecting the rule of law. In this text, Jan-Erik Lane systematically examines the key approaches to the study of how government attempts to achieve these goals, discussing the pros and cons of alternative frameworks of analysis. Each chapter discusses a different issue within state management that is integral to the broader debate, including: Public regulation The relationship between the law and the state Combining ecology and policy making Multi-level governance The virtues and vices of public-private partnerships Policy implementation Presenting a clear overview of how the state operates when government sets out to deliver public services, and generating questions to encourage new research, State Management is a valuable new text for both undergraduate and postgraduate courses in political science, public administration and public management.
