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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.
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.
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.
This book focuses on the essentials that public managers should know about administrative law—why we have administrative law, the constitutional constraints on public administration, and administrative law’s frameworks for rulemaking, adjudication, enforcement, transparency, and judicial and legislative review. Rosenbloom views administrative law from the perspectives of administrative practice, rather than lawyering with an emphasis on how various administrative law provisions promote their underlying goal of improving the fit between public administration and U.S. democratic-constitutionalism. Organized around federal administrative law, the book explains the essentials of administrative law clearly and accurately, in non-technical terms, and with sufficient depth to provide readers with a sophisticated, lasting understanding of the subject matter.
The seventh 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 through multiple sets of values that affect administrative management of the American state. This cutting-edge new edition explains and analyzes public administration from the point of view of three well-established perspectives: management, politics, and law.
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.
Law and Public Administrative in Ireland provides a comprehensive account of an area of law which is conceptually difficult. In examining the key themes and concepts of Irish administrative law, along with the application to real cases, the book clarifies and enlivens this crucial area of law. It provides an up-to-date analysis of the core grounds of judicial review, incorporating landmark post-Celtic Tiger era decisions concerning procedural fairness. Underlining the ever evolving nature of administrative law, the book evaluates recent refinements to traditional concepts and distinctions, such as the borderline between an error of law and an error of fact, legitimate expectation, and the obligation to take relevant matters into account. The rising importance of the European legal instruments receives a direct examination, with the book charting the emerging use of the Charter of Fundamental Rights of the European Union and the European Convention on Human Rights, and how international perspectives have impacted traditional concepts and approaches to the subject. Law and Public Administrative in Ireland displays the breadth and diversity of Irish administrative law, supplying an analysis of many legislative reforms and legal innovations which followed Ireland's economic downturn. The book explores both the law and the factors informing it, looking at the policy choices which have shaped the Irish administrative State. It reflects upon the efforts to strengthen parliamentary scrutiny over the administrative state as well as critically reviewing the role of non-judicial bodies, including the Office of the Ombudsman and Public Inquiries. The landmark reform of the institutional structures of local government in the Local Government Reform Act 2014, including changes to the planning and development, are analyzed for the first time. The book provides an account of this complex area of law which is both accessible and contextual, making it an invaluable text for both students and academics. The scope of the material covered is highly relevant to those studying administrative law.
