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Governing the Contemporary Administrative State

Author: Jarle Trondal

Publisher:

Published: 2023

Total Pages: 0

ISBN-13: 9783031280092

This book examines the transformation of the administrative state, since it was first coined by Dwight Waldo seventy years ago. Empirically, the book assesses how the administrative state is facing endogenous reforms through administrative devolution, as well as exogenous shifts by the rise of multilevel administrative systems and international bureaucracy. Facing dual shifts, the book offers a comprehensive analysis of how the administrative state handles three interconnected challenges: first, a need for innovation and reform as well as stability and robustness; second, administrative autonomy among regulatory bodies as well as political leadership and democratic accountability; and third, nation-state sovereignty as well as international collaboration. It also highlights the robust character of the administrative state by demonstrating profound stability in public governance even during times of profound turbulence. It will appeal to scholars and students of public policy, public administration and global governance, as well as practitioners interested in new developments in public governance. Jarle Trondal is Professor in the Department of Political Science and Management, University of Agder, Norway; Professor at ARENA Centre for European Studies, University of Oslo, Norway; and Senior Fellow at The Institute of European Studies, University of California, Berkeley, US. His research interests include European public administration, administrative behavior and reform, global governance, and organizational studies.

The Administrative State

Author: Dwight Waldo

Publisher: Routledge

Published: 2017-09-04

Total Pages: 251

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.

Revisiting Waldo's Administrative State

Author: David H. Rosenbloom

Publisher: Georgetown University Press

Published: 2006-05-22

Total Pages: 252

ISBN-13: 9781589014077

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The prevailing notion that the best government is achieved through principles of management and business practices is hardly new—it echoes the early twentieth-century "gospel of efficiency" challenged by Dwight Waldo in 1948 in his pathbreaking book, The Administrative State. Asking, "Efficiency for what?", Waldo warned that public administrative efficiency must be backed by a framework of consciously held democratic values. Revisiting Waldo's Administrative State brings together a group of distinguished authors who critically explore public administration's big ideas and issues and question whether contemporary efforts to "reinvent government," promote privatization, and develop new public management approaches constitute a coherent political theory capable of meeting the complex challenges of governing in a democracy. Taking Waldo's book as a starting point, the authors revisit and update his key concepts and consider their applicability for today. The book follows Waldo's conceptual structure, first probing the material and ideological background of modern public administration, problems of political philosophy, and finally particular challenges inherent in contemporary administrative reform. It concludes with a look ahead to "wicked" policy problems—such as terrorism, global warming, and ecological threats—whose scope is so global and complex that they will defy any existing administrative structures and values. Calling for a return to conscious consideration of democratic accountability, fairness, justice, and transparency in government, the book's conclusion assesses the future direction of public administrative thought. This book can stand alone as a commentary on reconciling democratic values and governance today or as a companion when reading Waldo's classic volume.

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.

Law and Leviathan

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.

Tocqueville's Nightmare

Author: Daniel R. Ernst

Publisher: Oxford University Press, USA

Published: 2014

Total Pages: 241

ISBN-13: 0199920869

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De Tocqueville once wrote that 'insufferable despotism' would prevail if America ever acquired a national administrative state. Between 1900 and 1940, radicals created vast bureaucracies that continue to trample on individual freedom. Ernst shows, to the contrary, that the nation's best corporate lawyers were among the creators of 'commission government'; that supporters were more interested in purging government of corruption than creating a socialist utopia; and that the principles of individual rights, limited government, and due process were designed into the administrative state.

Constitutional Coup

Author: Jon D. Michaels

Publisher: Harvard University Press

Published: 2017-10-23

Total Pages: 321

ISBN-13: 0674737733

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Americans hate bureaucracy—though they love the services it provides—and demand that government run like a business. Hence today’s privatization revolution. Jon Michaels shows how the fusion of politics and profits commercializes government and consolidates state power in ways the Constitution’s framers endeavored to disaggregate.

Law’s Abnegation

Author: Adrian Vermeule

Publisher: Harvard University Press

Published: 2016-11-14

Total Pages: 208

ISBN-13: 0674974719

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Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.

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.

Governing the Contemporary Administrative State

Author: Jarle Trondal

Publisher: Springer Nature

Published: 2023-05-17

Total Pages: 350

ISBN-13: 3031280083

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This book examines the transformation of the administrative state, since it was first coined by Dwight Waldo seventy years ago. Empirically, the book assesses how the administrative state is facing endogenous reforms through administrative devolution, as well as exogenous shifts by the rise of multilevel administrative systems and international bureaucracy. Facing dual shifts, the book offers a comprehensive analysis of how the administrative state handles three interconnected challenges: first, a need for innovation and reform, as well as stability and robustness; second, administrative autonomy among regulatory bodies, as well as political leadership and democratic accountability; and third, nation-state sovereignty and international collaboration. It also highlights the robust character of the administrative state by demonstrating profound stability in public governance even during times of profound turbulence. It will appeal to scholars and students of public policy, public administration and global governance, as well as practitioners interested in new developments in public governance.