Controlling Administrative Power


Book Description

This wide-ranging comparative account of the legal regimes for controlling administrative power in England, the USA and Australia argues that differences and similarities between control regimes may be partly explained by the constitutional structures of the systems of government in which they are embedded. It applies social-scientific and historical methods to the comparative study of law and legal systems in a novel and innovative way, and combines accounts of long-term and large-scale patterns of power distribution with detailed analysis of features of administrative law and the administrative justice systems of three jurisdictions. It also proposes a new method of analysing systems of government based on two different models of the distribution of public power (diffusion and concentration), a model which proves more illuminating than traditional separation-of-powers analysis.




Controlling Administrative Power


Book Description

An historical and comparative explanation of some puzzling differences between the administrative law of England, the USA and Australia.




Controlling the Bureaucracy


Book Description

Controls on the bureaucracy through administrative due process and presidential and congressional prerogatives are the focus of this book. The author examines these controls and assesses the trade-offs among them.




American Administrative Capacity


Book Description

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.




Controlling Public Power


Book Description




Judicial Review of Administrative Action


Book Description

Explores the English origins of the principles of judicial review in common law jurisdictions and autochthonous pressures for their adaptation.




The Administrative State


Book Description

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.




The Oxford Handbook of Comparative Administrative Law


Book Description

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.




Discretionary Power of Public Administration


Book Description

The book is devoted to the issue of public administration discretionary power within law application processes and its control. It presents a variety of factors that may affect the range of discretion as well as the influence on public administration's reasoning.