Download or read book The Birth of the Administrative State written by Ronald J. Pestritto and published by . This book was released on 2007 with total page 16 pages. Available in PDF, EPUB and Kindle. Book excerpt:
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.
Download or read book A Centennial History of the American Administrative State written by Ralph C. Chandler and published by . This book was released on 1987 with total page 664 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
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."
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.
Download or read book Birth of the State written by Charlotte Epstein and published by Oxford University Press, USA. This book was released on 2020-12-18 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book uses the body to peel back the layers of time and taken-for-granted ideas about the two defining political forms of modernity, the state and the subject of rights. It traces, under the lens of the body, how the state and the subject mutually constituted each other since their original crafting in the seventeenth century. Considering multiple sites of theory and practice, Charlotte Epstein analyses the fundamental rights to security, liberty, and property respectively as the initial knots where the state-subject relation was first sealed.
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 Politics and Administration written by Frank J. Goodnow and published by . This book was released on 1900 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Creation of States in International Law written by James R. Crawford and published by Oxford University Press. This book was released on 2007-03-15 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Statehood in the early 21st century remains as much a central problem as it was in 1979 when the first edition of The Creation of States in International Law was published. As Rhodesia, Namibia, the South African Homelands and Taiwan then were subjects of acute concern, today governments, international organizations, and other institutions are seized of such matters as the membership of Cyprus in the European Union, application of the Geneva Conventions to Afghanistan, a final settlement for Kosovo, and, still, relations between China and Taiwan. All of these, and many other disputed situations, are inseparable from the nature of statehood and its application in practice. The remarkable increase in the number of States in the 20th century did not abate in the twenty five years following publication of James Crawford's landmark study, which was awarded the American Society of International Law Prize for Creative Scholarship in 1981. The independence of many small territories comprising the 'residue' of the European colonial empires alone accounts for a major increase in States since 1979; while the disintegration of Yugoslavia and the USSR in the early 1990s further augmented the ranks. With these developments, the practice of States and international organizations has developed by substantial measure in respect of self-determination, secession, succession, recognition, de-colonization, and several other fields. Addressing such questions as the unification of Germany, the status of Israel and Palestine, and the continuing pressure from non-State groups to attain statehood, even, in cases like Chechnya or Tibet, against the presumptive rights of existing States, James Crawford discusses the relation between statehood and recognition; the criteria for statehood, especially in view of evolving standards of democracy and human rights; and the application of such criteria in international organizations and between states. Also discussed are the mechanisms by which states have been created, including devolution and secession, international disposition by major powers or international organizations and the institutions established for Mandated, Trust, and Non-Self-Governing Territories. Combining a general argument as to the normative significance of statehood with analysis of numerous specific cases, this fully revised and expanded second edition gives a comprehensive account of the developments which have led to the birth of so many new states.
Download or read book Routledge Handbook of Constitutional Law written by Mark Tushnet and published by Routledge. This book was released on 2013-06-26 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Constitutional Law is an advanced level reference work which surveys the current state of constitutional law. Featuring new, specially commissioned papers by a range of leading scholars from around the world, it offers a comprehensive overview of the field as well as identifying promising avenues for future research. The book presents the key issues in constitutional law thematically allowing for a truly comparative approach to the subject. It also pays particular attention to constitutional design, identifying and evaluating various solutions to the challenges involved in constitutional architecture. The book is split into four parts for ease of reference: Part One: General issues "sets issues of constitutional law firmly in context including topics such as the making of constitutions, the impact of religion and culture on constitutions, and the relationship between international law and domestic constitutions. Part Two: Structures presents different approaches in regard to institutions or state organization and structural concepts such as emergency powers and electoral systems Part Three: Rights covers the key rights often enshrined in constitutions Part Four: New Challenges - explores issues of importance such as migration and refugees, sovereignty under pressure from globalization, Supranational Organizations and their role in creating post-conflict constitutions, and new technological challenges. Providing up-to-date and authoritative articles covering all the key aspects of constitutional law, this reference work is essential reading for advanced students, scholars and practitioners in the field.
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.
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 68 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.
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.
Download or read book Liberal Freedom written by Eric MacGilvray and published by Cambridge University Press. This book was released on 2022-09-15 with total page 239 pages. Available in PDF, EPUB and Kindle. Book excerpt: We seem to be losing the ability to talk to each other about – and despite – our political differences. The liberal tradition, with its emphasis on open-mindedness, toleration, and inclusion, is ideally suited to respond to this challenge. Yet liberalism is often seen today as a barrier to constructive dialogue: narrowly focused on individual rights, indifferent to the communal sources of human well-being, and deeply implicated in structures of economic and social domination. This book provides a novel defense of liberalism that weaves together a commitment to republican self-government, an emphasis on the value of unregulated choice, and an appreciation of how hard it is to strike a balance between them. By treating freedom rather than justice as the central liberal value this important book, critical to the times, provides an indispensable resource for constructive dialogue in a time of political polarization.
Download or read book The Max Planck Handbooks in European Public Law Volume I The Administrative State written by Sabino Cassese and published by Oxford University Press. This book was released on 2017-07-25 with total page 705 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.
Download or read book The Welfare State written by David Garland and published by Oxford University Press. This book was released on 2016 with total page 177 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Very Short Introduction discusses the necessity of welfare states in modern capitalist societies. Situating social policy in an historical, sociological, and comparative perspective, David Garland brings a new understanding to familiar debates, policies, and institutions.
