Administrative Law in the Political System
Administrative Law in the Political System

Author: Kenneth Warren

Publisher: Routledge

Published: 2019-08-06

Total Pages: 545

ISBN-13: 0429757328

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Emphasizing that administrative law must be understood within the context of the political system, this core text combines a descriptive systems approach with a social science focus. Author Kenneth F. Warren explains the role of administrative law in shaping, guiding, and restricting the actions of administrative agencies. Providing comprehensive coverage, he examines the field not only from state and federal angles, but also from the varying perspectives of legislators, administrators, and the public. Substantially revised, the sixth edition emphasizes current trends in administrative law, recent court decisions, and the impact the Trump administration has had on public administration and administrative law. Special attention is devoted to how the neo-conservative revival, strengthened by Trump appointments to the federal judiciary, have influenced the direction of administrative law and impacted the administrative state. Administrative Law in the Political System: Law, Politics, and Regulatory Policy, Sixth Edition is a comprehensive administrative law textbook written by a social scientist for social science students, especially upper division undergraduate and graduate students in political science, public administration, public management, and public policy and administration programs.

Is Administrative Law Unlawful?
Is Administrative Law Unlawful?

Author: Philip Hamburger

Publisher: University of Chicago Press

Published: 2014-05-27

Total Pages: 646

ISBN-13: 022611645X

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“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.

The Ethics of Dissent
The Ethics of Dissent

Author: Rosemary O′Leary

Publisher: CQ Press

Published: 2019-03-01

Total Pages: 235

ISBN-13: 1544357915

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Winner of the 2021 “Best Book Award” from the Academy of Management Division of Public and Nonprofit Management! “Rosemary O’Leary’s The Ethics of Dissent offers a novel take on rule breakers and whistle-blowers in the federal government. Finding a book that elegantly interweaves theory, case detail, and practice in a way useful to students and researching proves challenging. O’Leary achieves those aims.” —Randall Davis, Southern Illinois University From “constructive contributors”" to “deviant destroyers,” government guerrillas work clandestinely against the best wishes of their superiors. These public servants are dissatisfied with the actions of the organizations for which they work, but often choose not to go public with their concerns. In her Third Edition of The Ethics of Dissent, Rosemary O’Leary shows that the majority of guerrilla government cases are the manifestation of inevitable tensions between bureaucracy and democracy, which yield immense ethical and organizational challenges that all public managers must learn to navigate. New to the Third Edition: New examples of guerrilla government showcase the power of public servants as well as their ethical obligations. Key concepts are connected to real examples, such as Kim Davis, the Kentucky county clerk who refused to sign the marriage certificates of gay couples, and Kevin Chmielewski, the deputy chief of staff for operations at the U.S. Environmental Protection Agency (EPA) who led environmental groups to the wrong doings of EPA Administrator Scott Prewitt. A new section on the creation of “alt” Twitter accounts designed to counter and even sabotage the policies of President Donald Trump highlights the power of social media in guerrilla government activities. A new section on the U.S. Department of State “dissent channel” provides readers with a positive example of the right way to dissent as a public servant. A new chapter on Edward Snowden demonstrates the practical relevance and contemporary importance of the world’s largest security breach. A new profile of U.S. Department of State diplomat Mary A. Wright illustrates how she used her resignation to dissent about U.S. policies in Iraq.

Bureaucracy in America
Bureaucracy in America

Author: Joseph Postell

Publisher: University of Missouri Press

Published: 2017-07-30

Total Pages: 416

ISBN-13: 0826273785

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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.

The Oxford Handbook of Comparative Administrative Law
The Oxford Handbook of Comparative Administrative Law

Author: Peter Cane

Publisher: Oxford University Press, USA

Published: 2021-01-17

Total Pages: 1169

ISBN-13: 0198799985

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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.

The Administrative State
The Administrative State

Author: Dwight Waldo

Publisher: Routledge

Published: 2017-09-04

Total Pages: 384

ISBN-13: 1351486330

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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 Law and Politics
The Oxford Handbook of Law and Politics

Author: Keith E. Whittington

Publisher: OUP Oxford

Published: 2010-06-11

Total Pages: 828

ISBN-13: 0191616281

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The study of law and politics is one of the foundation stones of the discipline of political science, and it has been one of the most productive areas of cross-fertilization between the various subfields of political science and between political science and other cognate disciplines. This Handbook provides a comprehensive survey of the field of law and politics in all its diversity, ranging from such traditional subjects as theories of jurisprudence, constitutionalism, judicial politics and law-and-society to such re-emerging subjects as comparative judicial politics, international law, and democratization. The Oxford Handbook of Law and Politics gathers together leading scholars in the field to assess key literatures shaping the discipline today and to help set the direction of research in the decade ahead.

Law and Leviathan
Law and Leviathan

Author: Cass R. Sunstein

Publisher: Belknap Press

Published: 2020-09-15

Total Pages: 209

ISBN-13: 0674247531

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Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” —Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” —Frederick Schauer, author of The Proof 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? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state.” —Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” —Wall Street Journal

Administrative Law and Politics
Administrative Law and Politics

Author: Christine B. Harrington

Publisher: CQ Press

Published: 2014-09-02

Total Pages: 585

ISBN-13: 1483322874

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In the Fifth Edition of Administrative Law and Politics, authors Christine B. Harrington and Leif H. Carter show the scope and power of administrative government and demonstrate how the legal system shapes administrative procedure and practice. Using accessible language and examples, the casebook provides the foundation that students, public administrators and policy analysts need to interpret the rules and regulations that support our legal system.

The Transformation of Administrative Law in Europe
The Transformation of Administrative Law in Europe

Author: Matthias Ruffert

Publisher: sellier. european law publ.

Published: 2007

Total Pages: 335

ISBN-13: 3935808917

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"This volume is a collection of the papers presented at the first ('kick-off') meeting in ... Dornburg, near Jena (Germany), 26-28 May 2005."--Foreword.