A Theory of Legitimate Expectations for Public Administration
A Theory of Legitimate Expectations for Public Administration

Author: Alexander Brown

Publisher: Oxford University Press

Published: 2017-11-28

Total Pages: 241

ISBN-13: 0192545558

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It is an unfortunate but unavoidable feature of even well-ordered democratic societies that governmental administrative agencies often create legitimate expectations (procedural or substantive) on the part of non-governmental agents (individual citizens, groups, businesses, organizations, institutions, and instrumentalities) but find themselves unable to fulfil those expectations for reasons of justice, the public interest, severe financial constraints, and sometimes harsh political realities. How governmental administrative agencies, operating on behalf of society, handle the creation and frustration of legitimate expectations implicates a whole host of values that we have reason to care about, including under non-ideal conditions-not least justice, fairness, autonomy, the rule of law, responsible uses of power, credible commitments, reliance interests, security of expectations, stability, democracy, parliamentary supremacy, and legitimate authority. This book develops a new theory of legitimate expectations for public administration drawing on normative arguments from political and legal theory. Brown begins by offering a new account of the legitimacy of legitimate expectations. He argues that it is the very responsibility of governmental administrative agencies for creating expectations that ought to ground legitimacy, as opposed to the justice or the legitimate authority of those agencies and expectations. He also clarifies some of the main ways in which agencies can be responsible for creating expectations. Moreover, he argues that governmental administrative agencies should be held liable for losses they directly cause by creating and then frustrating legitimate expectations on the part of non-governmental agents and, if liable, have an obligation to make adequate compensation payments in respect of those losses.

Logics of Legitimacy
Logics of Legitimacy

Author: Margaret Stout

Publisher:

Published: 2016

Total Pages: 325

ISBN-13:

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The discipline of public administration draws predominantly from political and organizational theory, but also from other social and behavioral sciences, philosophy, and even theology. This diversity results in conflicting prescriptions for the "proper" administrative role. So, how are those new to public administration to know which ideas are "legitimate"? Rather than accepting conventional arguments for administrative legitimacy through delegated constitutional authority or expertise, Logics of Legitimacy: Three Traditions of Public Administration Praxis does not assume that any one approach to professionalism is accepted by all scholars, practitioners, citizens, or elected representatives. Instead, it offers a framework for public administration theory and practice that fully includes the citizen as a political actor alongside elected representatives and administrators. This framework: Considers both direct and representative forms of democracy Examines concepts from both political and organizational theory, addressing many of the key questions in public administration Examines past and present approaches to administration Presents a conceptual lens for understanding public administration theory and explaining different administrative roles and practices The framework for public administration theory and practice is presented in three traditions of main prescriptions for practice: Constitutional (the bureaucrat), Discretionary (the entrepreneur), and Collaborative (the steward). This book is appropriate for use in graduate-level courses that explore the philosophical, historical, and intellectual foundations of public administration. Upon qualified course adoption, instructors will gain access to a course outline and corresponding lecture slides.

Logics of Legitimacy
Logics of Legitimacy

Author: Margaret Stout

Publisher: Routledge

Published: 2017-09-25

Total Pages: 329

ISBN-13: 135155977X

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The discipline of public administration draws predominantly from political and organizational theory, but also from other social and behavioral sciences, philosophy, and even theology. This diversity results in conflicting prescriptions for the "proper" administrative role. So, how are those new to public administration to know which ideas are "legitimate"? Rather than accepting conventional arguments for administrative legitimacy through delegated constitutional authority or expertise, Logics of Legitimacy: Three Traditions of Public Administration Praxis does not assume that any one approach to professionalism is accepted by all scholars, practitioners, citizens, or elected representatives. Instead, it offers a framework for public administration theory and practice that fully includes the citizen as a political actor alongside elected representatives and administrators. This framework: Considers both direct and representative forms of democracy Examines concepts from both political and organizational theory, addressing many of the key questions in public administration Examines past and present approaches to administration Presents a conceptual lens for understanding public administration theory and explaining different administrative roles and practices The framework for public administration theory and practice is presented in three traditions of main prescriptions for practice: Constitutional (the bureaucrat), Discretionary (the entrepreneur), and Collaborative (the steward). This book is appropriate for use in graduate-level courses that explore the philosophical, historical, and intellectual foundations of public administration. Upon qualified course adoption, instructors will gain access to a course outline and corresponding lecture slides.

Legitimacy in Public Administration
Legitimacy in Public Administration

Author: O. C. McSwite

Publisher: SAGE

Published: 1997-07-02

Total Pages: 326

ISBN-13: 9780761902744

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In this "postmodern, end-of-the-century" moment, the question of what role public administration can legitimately play in a democratic society has deepened and taken on increased urgency. At the same time the movement toward global marketization has gained enormous momentum, traditional prejudices and racial and ethnic violence have appeared with a renewed virulence, presenting unprecedented challenges to democratic governments. Legitimacy in Public Administration reveals how the issue of administrative legitimacy is directly implicated, indeed central, to this broader issue. It argues that legitimacy hinges at the generic level on the question of alterityùhow to regard and relate to "different others." This book reviews the history of the legitimacy issue in the literature of American public administration with the purpose of demonstrating that this discourse has been distorted by an underlying and undisclosed commitment to an elitist "Man of Reason" model of the public administratorÆs role. Current attempts to reformulate administration to meet the challenge of new conditions will fail, the author argues, because they have not escaped the grip of this implicit distortion. Legitimacy in Public Administration includes a challenging concluding chapter that uses insights from gender theory and demonstrates the connection between the legitimacy question and the critical problem of alterity. The author also offers a new way to fundamentally reframe the legitimacy question, so as not only to help the field of public administration resolve it, but to show how this resolution can create a new understanding of the problem of racial and ethnic prejudice.

Legitimacy in Public Administration
Legitimacy in Public Administration

Author: O. C. McSwite

Publisher: SAGE Publications, Incorporated

Published: 1997-07-02

Total Pages: 328

ISBN-13:

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In this "postmodern, end-of-the-century" moment, the question of what role public administration can legitimately play in a democratic society has deepened and taken on increased urgency. At the same time the movement toward global marketization has gained enormous momentum, traditional prejudices and racial and ethnic violence have appeared with a renewed virulence, presenting unprecedented challenges to democratic governments. Legitimacy in Public Administration reveals how the issue of administrative legitimacy is directly implicated, indeed central, to this broader issue. It argues that legitimacy hinges at the generic level on the question of alterityùhow to regard and relate to "different others." This book reviews the history of the legitimacy issue in the literature of American public administration with the purpose of demonstrating that this discourse has been distorted by an underlying and undisclosed commitment to an elitist "Man of Reason" model of the public administratorÆs role. Current attempts to reformulate administration to meet the challenge of new conditions will fail, the author argues, because they have not escaped the grip of this implicit distortion. Legitimacy in Public Administration includes a challenging concluding chapter that uses insights from gender theory and demonstrates the connection between the legitimacy question and the critical problem of alterity. The author also offers a new way to fundamentally reframe the legitimacy question, so as not only to help the field of public administration resolve it, but to show how this resolution can create a new understanding of the problem of racial and ethnic prejudice.

The Sound of Silence in European Administrative Law
The Sound of Silence in European Administrative Law

Author: Dacian C. Dragos

Publisher: Springer Nature

Published: 2020-07-28

Total Pages: 513

ISBN-13: 3030452271

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This book examines administrative silence in a comparative manner in the EU law and 13 jurisdictions from Europe. Administrative silence is an issue that lies at the intersection of legal and managerial aspects of public administration, a concept that is both reflecting and testing the principles of legal certainty, legality, good administration, legitimate expectations, and effectiveness. Inactivity or excessive length of proceedings appears to be of interest for comparisons, particularly in the context of the recent attempts to develop European convergence models. The book offers in-depth insights into legal regulation, theory, case law and practice regarding positive and negative legal fictions in the selected European jurisdictions.

Understanding Administrative Law in the Common Law World
Understanding Administrative Law in the Common Law World

Author: Paul Daly

Publisher: Oxford University Press

Published: 2021

Total Pages: 321

ISBN-13: 0192896911

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A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.

Global Encyclopedia of Public Administration, Public Policy, and Governance
Global Encyclopedia of Public Administration, Public Policy, and Governance

Author: Ali Farazmand

Publisher: Springer Nature

Published: 2023-04-05

Total Pages: 13623

ISBN-13: 3030662527

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This global encyclopedic work serves as a comprehensive collection of global scholarship regarding the vast fields of public administration, public policy, governance, and management. Written and edited by leading international scholars and practitioners, this exhaustive resource covers all areas of the above fields and their numerous subfields of study. In keeping with the multidisciplinary spirit of these fields and subfields, the entries make use of various theoretical, empirical, analytical, practical, and methodological bases of knowledge. Expanded and updated, the second edition includes over a thousand of new entries representing the most current research in public administration, public policy, governance, nonprofit and nongovernmental organizations, and management covering such important sub-areas as: 1. organization theory, behavior, change and development; 2. administrative theory and practice; 3. Bureaucracy; 4. public budgeting and financial management; 5. public economy and public management 6. public personnel administration and labor-management relations; 7. crisis and emergency management; 8. institutional theory and public administration; 9. law and regulations; 10. ethics and accountability; 11. public governance and private governance; 12. Nonprofit management and nongovernmental organizations; 13. Social, health, and environmental policy areas; 14. pandemic and crisis management; 15. administrative and governance reforms; 16. comparative public administration and governance; 17. globalization and international issues; 18. performance management; 19. geographical areas of the world with country-focused entries like Japan, China, Latin America, Europe, Asia, Africa, the Middle East, Russia and Eastern Europe, North America; and 20. a lot more. Relevant to professionals, experts, scholars, general readers, researchers, policy makers and manger, and students worldwide, this work will serve as the most viable global reference source for those looking for an introduction and advance knowledge to the field.

The New Separation of Powers:A Theory for the Modern State
The New Separation of Powers:A Theory for the Modern State

Author: Eoin Carolan

Publisher: OUP Oxford

Published: 2009-10-08

Total Pages: 316

ISBN-13: 0199568677

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The separation of powers is an important principle of liberal constitutionalism. However, the traditional rationale behind institutional separation can no longer govern the distribution of authority in the modern state.This book develops a new model of the separation of powers theory for the administrative state. It argues for the replacement of the traditional theory with a new model which has the potential to both enhance democratic checks and balances and to legitimise the role of administrative and regulatory bodies in the modern state. Explaining how developments in modern governance have subverted the principles originally underpinning the separation of powers, the book identifies the ways in whichlawyers and administrators have sought to preserve these democratic principles in particular areas. These piecemeal efforts are gathered together into a cohesive account of a radical overarching framework for institutional reform.Drawing on examples from the United Kingdom, Ireland and the U.S.A., the book provides both a descriptive and prescriptive analysis of the ways in which our legal and political notions of institutional separation have so far, and (more importantly) may, in the future, deal with the problems posed by the emergence of quasi-public administrative or regulatory agencies.Far from the traditional view of administrative agencies as a threat to democracy, administrative bodies, in fact, can provide a valuable opportunity for reforming public governance in a way which reinforces the foundational principles of democracy.

The Human Right to Property
The Human Right to Property

Author: Douglas Maxwell

Publisher: Bloomsbury Publishing

Published: 2022-07-14

Total Pages: 469

ISBN-13: 1509961127

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“This is an excellent work. It is deeply researched, and the analysis of case law will prove very valuable to practitioners and academics seeking a synthesis of the law on an issue”. The Rt. Hon. Lord Justice Green, Judge of the Court of Appeal of England and Wales and Chair of the Law Commission “A valuable contribution to the jurisprudence on Article 1 Protocol No.1 and of much interest to both property and human rights lawyers” Professor Sarah Nield, University of Southampton “The pervasiveness of A1P1 through contemporary property law makes this a serious and comprehensive study. This book masterfully interweaves theory and doctrinal law. It is both timely and necessary for academics and practitioners working in this area.” David Sawtell, 39 Essex Chambers and Cambridge University This book provides a highly detailed, practical analysis of Article 1 of Protocol No.1 (A1P1) and its implications in the United Kingdom. A1P1 prescribes a qualified right to the peaceful enjoyment of 'possessions'. This right corresponds to a negative limit on legislators and public authorities to rationalise interferences with possessions and, where necessary, to strike a fair balance, often requiring just compensation. Through lively and rigorous commentary on the latest advances made by the European Court of Human Rights and domestic courts, The Human Right to Property enriches current understanding of the peaceful enjoyment of property since the enactment of the Human Rights Act 1998. Exploring the theoretical and political foundations of A1P1, the book guides the reader through the relevant case law from the earliest developments in Strasbourg to the present day. The Human Right to Property concludes that the most significant impacts of A1P1 are that it: forces States to justify interferences; limits radical redistributions of property; and casts a wider shadow over legislative choice and public body decision-making.