Administrative
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| Author | : Pamela Herd |
| Publisher | : Russell Sage Foundation |
| Total Pages | : 361 |
| Release | : 2019-01-09 |
| Genre | : Social Science |
| ISBN | : 1610448782 |
Winner of the 2020 Outstanding Book Award Presented by the Public and Nonprofit Section of the National Academy of Management Winner of the 2019 Louis Brownlow Book Award from the National Academy of Public Administration Bureaucracy, confusing paperwork, and complex regulations—or what public policy scholars Pamela Herd and Donald Moynihan call administrative burdens—often introduce delay and frustration into our experiences with government agencies. Administrative burdens diminish the effectiveness of public programs and can even block individuals from fundamental rights like voting. In AdministrativeBurden, Herd and Moynihan document that the administrative burdens citizens regularly encounter in their interactions with the state are not simply unintended byproducts of governance, but the result of deliberate policy choices. Because burdens affect people’s perceptions of government and often perpetuate long-standing inequalities, understanding why administrative burdens exist and how they can be reduced is essential for maintaining a healthy public sector. Through in-depth case studies of federal programs and controversial legislation, the authors show that administrative burdens are the nuts-and-bolts of policy design. Regarding controversial issues such as voter enfranchisement or abortion rights, lawmakers often use administrative burdens to limit access to rights or services they oppose. For instance, legislators have implemented administrative burdens such as complicated registration requirements and strict voter-identification laws to suppress turnout of African American voters. Similarly, the right to an abortion is legally protected, but many states require women seeking abortions to comply with burdens such as mandatory waiting periods, ultrasounds, and scripted counseling. As Herd and Moynihan demonstrate, administrative burdens often disproportionately affect the disadvantaged who lack the resources to deal with the financial and psychological costs of navigating these obstacles. However, policymakers have sometimes reduced administrative burdens or shifted them away from citizens and onto the government. One example is Social Security, which early administrators of the program implemented in the 1930s with the goal of minimizing burdens for beneficiaries. As a result, the take-up rate is about 100 percent because the Social Security Administration keeps track of peoples’ earnings for them, automatically calculates benefits and eligibility, and simply requires an easy online enrollment or visiting one of 1,200 field offices. Making more programs and public services operate this efficiently, the authors argue, requires adoption of a nonpartisan, evidence-based metric for determining when and how to institute administrative burdens, with a bias toward reducing them. By ensuring that the public’s interaction with government is no more onerous than it need be, policymakers and administrators can reduce inequality, boost civic engagement, and build an efficient state that works for all citizens.
| Author | : Philip Hamburger |
| Publisher | : University of Chicago Press |
| Total Pages | : 646 |
| Release | : 2014-05-27 |
| Genre | : Law |
| ISBN | : 022611645X |
“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.
| Author | : Philip Hamburger |
| Publisher | : Encounter Books |
| Total Pages | : 50 |
| Release | : 2017-05-02 |
| Genre | : Political Science |
| ISBN | : 159403950X |
Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.
| Author | : David Jones |
| Publisher | : |
| Total Pages | : 980 |
| Release | : 2020 |
| Genre | : |
| ISBN | : 9780779897292 |
| Author | : Richard P. Nathan |
| Publisher | : John Wiley & Sons |
| Total Pages | : 228 |
| Release | : 1983 |
| Genre | : Political Science |
| ISBN | : |
| Author | : M. Ernita Joaquin |
| Publisher | : Springer Nature |
| Total Pages | : 228 |
| Release | : 2021-09-29 |
| Genre | : Law |
| ISBN | : 3030805646 |
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.
| Author | : Elizabeth Fisher |
| Publisher | : Cambridge University Press |
| Total Pages | : 357 |
| Release | : 2020-10-15 |
| Genre | : Law |
| ISBN | : 1108836100 |
This book reimagines administrative law as the law of public administration by making its competence the focus of administrative law.
| Author | : Michael Adler |
| Publisher | : Bloomsbury Publishing |
| Total Pages | : 819 |
| Release | : 2010-04-30 |
| Genre | : Law |
| ISBN | : 1847317537 |
This book comprises a definitive collection of papers on administrative justice, written by a set of very distinguished contributors. It is divided into five parts, each of which contains articles on a particular aspect of administrative justice. The first part deals with the impact of 'contextual changes' on administrative justice and considers the implications of changes in governance and public administration, management and service delivery, information technology, audit and accounting, and human rights for administrative justice. The second part deals with conceptual issues and describes a number of competing approaches to the administrative justice. The third part deals with the application of administrative justice principles to private law disputes while the fourth part deals with the distinctive characteristics of administrative justice in three other jurisdictions. The final part deals with current developments in administrative justice and the book concludes with a discussion of legislative and policy developments in the UK. The general approach of the book is socio-legal and interdisciplinary. The chapters adopt a variety of disciplinary perspectives, including those derived from political science, public policy, social policy, accounting and information technology as well as from law. Although most of the contributors are academics, some are practitioners. For these reasons, the book should be of interest to lawyers, particularly those with interests in administrative law, and to social scientists, particularly those with interests in public administration, public policy and public management.
| Author | : Guy Adams |
| Publisher | : M.E. Sharpe |
| Total Pages | : 242 |
| Release | : 2015-05-18 |
| Genre | : Political Science |
| ISBN | : 0765629003 |
The modern age with its emphasis on technical rationality has enabled a new and dangerous form of evil--administrative evil. Unmasking Administrative Evil discusses the overlooked relationship between evil and public affairs, as well as other fields and professions in public life. The authors argue that the tendency toward administrative evil, as manifested in acts of dehumanization and genocide, is deeply woven into the identity of public affairs. The common characteristic of administrative evil is that ordinary people within their normal professional and administrative roles can engage in acts of evil without being aware that they are doing anything wrong. Under conditions of moral inversion, people may even view their evil activity as good. In the face of what is now a clear and present danger in the United States, this book seeks to lay the groundwork for a more ethical and democratic public life; one that recognizes its potential for evil, and thereby creates greater possibilities for avoiding the hidden pathways that lead to state-sponsored dehumanization and destruction. What's new in the Fourth Edition of Unmasking Administrative Evil: UAE is updated and revised with new scholarship on administrative ethics, evil, and contemporary politics. The authors include new cases on the dangers of market-based governance, contracting out, and deregulation. There is an enhanced focus on the potential for administrative evil in the private sector. The authors have written a new Afterword on administrative approaches to the aftermath of evil, with the potential for expiation, healing, and reparations.
| Author | : Steven J. Cann |
| Publisher | : SAGE |
| Total Pages | : 617 |
| Release | : 2005-08-11 |
| Genre | : Political Science |
| ISBN | : 1412913969 |
In this new edition, author Steven J. Cann once again enlivens the topic of United States administrative law through the use of recent and "classic" legal cases to make it accessible and interesting to students. Administrative Law, Fourth Edition is an engaging casebook that presents a unique problem-solving framework that contrasts democracy with the administrative state. This novel approach places the often complex subject matter of U.S. administrative law into a more comprehensible context. The Fourth Edition has been completely updated and revised and includes many new cases to reflect changes in the law since the year 2000.
