Public Management and the Rule of Law


Book Description

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.




Public Management and the Rule of Law


Book Description

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.




Design for Liberty


Book Description

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.




Design for Liberty


Book Description

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.




Public Administration & Public Management


Book Description

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.




Public Administration and Law, Third Edition


Book Description

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.




Public Administration and Law


Book Description

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.




The Legal Foundations of Public Administration


Book Description

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.




Public Administration


Book Description

The ninth edition of Public Administration: Understanding Management, Politics, and Law in the Public Sector grounds students in the fundamentals of public administration while embracing its complexity. It describes, explains, and analyzes public administration through the lenses of three well-established perspectives: management, politics, and law. In addition to thoroughly refreshed examples and case studies, significant updates to this new edition include the following: The discussion of management has been collapsed into a single category, contemporary public management, to better reflect the blending of traditional/orthodox and new public management approaches in the field. Significant changes to federal administration initiated by the Trump administration, the emergence of "hyper-" partisanship, major court decisions affecting public administration, and newer scholarship and foci in public administration. A thoroughly rewritten chapter on budgeting and public finance. New public governance material is incorporated throughout the book, including collaborative models for coordinating administration with private organizations, particularly nonprofits. Additional attention is paid to public participation in public administration, including public administration's potential contribution to strengthening democratic citizenship. Thorough discussion of the latest managerial techniques and concepts as well as the contemporary performance orientation in the public sector. Downloadable instructor support materials including Key Points, Discussion and/or Test Questions, Multiple Choice Questions, True or False Questions, and an Answer Key to accompany each chapter in the book. Together these revisions reinvigorate the book yet retain its core structure, ideas, and familiarity for students and instructors alike. While the new edition retains its focus on the U.S. context, the focus on managerial, legislative, and judicial functions lends itself well to public administration in many developed nations, making the book a popular choice with instructors around the globe. This time-tested and fully up-to-date textbook is required reading for all students of public administration, public management, and nonprofit management.




Public Administration and Law


Book Description

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.