Administrative Law and Government Action

Administrative Law and Government Action PDF

Author: Hazel Genn

Publisher: Oxford University Press, USA

Published: 1994

Total Pages: 404

ISBN-13:

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Administrative Law and Government Action offers a new collection of essays on important and often contentious aspects of administrative law: the propriety of judicial intervention in government, for example, and the implications of our membership of the European Union. The individual contributions are informed by a wide variety of theoretical perspectives, and are drawn together by certain common themes: the constitutional role of judicial review, its efficacy as a mechanism for the regulation of government decision-making, and the scope and impact of alternative mechanisms, such as tribunals, administrative reviews and ombudsmen. All chapters address issues of current significance and, while some develop a broad conceptual analysis, others rely on a more internal critique. Each contributor sets out both to provide an accessible synthesis of existing literature and to develop his or her own critical approach. Considerable emphasis is also placed on the results of relevant empirical research where available. The volume falls into two parts. Part I is concerned primarily with judicial review and its appropriate constitutional role, while Part II discusses alternative mechanisms for the regulation of government action.

Administrative Law

Administrative Law PDF

Author: Daniel L. Feldman

Publisher: CQ Press

Published: 2015-09-23

Total Pages: 376

ISBN-13: 1506308562

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Administrative Law: The Sources and Limits of Government Agency Power explains the sources of administrative agency authority in the United States, how agencies make rules, the rights of clients and citizens in agency hearings, and agency interaction with other branches of government. This concise text examines the everyday challenges of administrative responsibilities and provides students with a way to understand and manage the complicated mission that is governance. Written by leading scholar Daniel Feldman, the book avoids technical legal language, but at the same time provides solid coverage of legal principles and exemplar studies, which allows students to gain a clear understanding of a complicated and critical aspect of governance.

Administrative Law and Politics

Administrative Law and Politics PDF

Author: Christine B. Harrington

Publisher: CQ Press

Published: 2014-09-02

Total Pages: 1166

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.

Is Administrative Law Unlawful?

Is Administrative Law Unlawful? PDF

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.

Public Administration and Law, Third Edition

Public Administration and Law, Third Edition PDF

Author: David H. Rosenbloom

Publisher: CRC Press

Published: 1996-09-12

Total Pages: 372

ISBN-13: 9780824797690

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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.

Law and Leviathan

Law and Leviathan PDF

Author: Cass R. Sunstein

Publisher: Harvard University Press

Published: 2020-09-15

Total Pages: 208

ISBN-13: 067424981X

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From two legal luminaries, 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? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.

Administrative Law Treatise

Administrative Law Treatise PDF

Author: Richard J. Pierce (Jr.)

Publisher: Aspen Publishers

Published: 2002

Total Pages: 596

ISBN-13:

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Lawyers and judges across the United States have discovered that when it comes to administrative law, there is really only one authority: Administrative Law Treatise by Richard J. Pierce. Cited by the courts more than 4,000 times, this definitive work brings you analysis of the latest developments with all the practical guidance and knowledge you need to plan and present an effective case before the courts. When your clients confront government administrative action whether it's rulemaking, adjudication, or investigation, do what your colleagues do: turn to the undisputed leader in the field. Richard J. Pierce shows you the most effective approaches to any agency action, policy or procedure. You'll get answers to such questions as: Which due process protections do individuals and companies enjoy under administrative law? What are the limits of an agency's power to subpoena, inspect, and gain access to records? When must an agency provide an oral evidentiary hearing? How and when are agencies likely to use their rulemaking power to resolve factual disputes? Pierce also provides a unique, in-depth treatment of agency discretionary power, especially in relation to evidence in oral hearings and other essential matters of practice. There's no need to look elsewhere For The law that governs such areas as:SEC rulemaking, Medicare and Medicaid, Jurisdiction in telecommunications disputes, Warrantless inspection of premises, FOIA exemptions, Agency power to make retroactive rules, Immunity of agency employees, Regulation of toxic substances in the workplace, Allocation of gas and electric services, Criteria for evidence of disability, Control of regional transportation authorities, INS deportation, and more. Pierce provides incomparable authority and guidance on the administrative law governing these and virtually every other significant agency power or procedure. If you practice before government agencies, act as agency counsel, or are connected with appeals involving agencies, you'll find that courts listen to Richard J. Pierce.

Administrative Law in the Political Sys

Administrative Law in the Political Sys PDF

Author: Kenneth F Warren

Publisher: Routledge

Published: 2018-04-17

Total Pages: 572

ISBN-13: 0429982186

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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 fifth edition features approximately one hundred new and current cases that place administrative law in the context of the Obama administration. Each chapter concludes with an edited exemplary case that highlights major themes and helps students understand important points made in the chapter. Using straightforward prose and avoiding unnecessary legal jargon, Administrative Law in the Political System, fifth edition provides students with an informed and accessible overview of a difficult subject matter.

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