Volume I The Administrative State
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Volume I The Administrative State
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Author : Sabino Cassese
language : en
Publisher: Oxford University Press
Release Date : 2017-07-24
Volume I The Administrative State written by Sabino Cassese and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-07-24 with Reference categories.
The Max Planck Handbooks in European Public Law series describes and analyses the public law of the European legal space, an area that encompasses not only the law of the European Union but also the European Convention on Human Rights and, importantly, the domestic public laws of European states. Recognizing that the ongoing vertical and horizontal processes of European integration make legal comparison the task of our time for both scholars and practitioners, it aims to foster the development of a specifically European legal pluralism and to contribute to the legitimacy and efficiency of European public law. The first volume of the series begins this enterprise with an appraisal of the evolution of the state and its administration, with cross-cutting contributions and also specific country reports. While the former include, among others, treatises on historical antecedents of the concept of European public law, the development of the administrative state as such, the relationship between constitutional and administrative law, and legal conceptions of statehood, the latter focus on states and legal orders as diverse as, e.g., Spain and Hungary or Great Britain and Greece. With this, the book provides access to the systematic foundations, pivotal historic moments, and legal thought of states bound together not only by a common history but also by deep and entrenched normative ties; for the quality of the ius publicum europaeum can be no better than the common understanding European scholars and practitioners have of the law of other states. An understanding thus improved will enable them to operate with the shared skills, knowledge, and values that can bring to fruition the different processes of European integration.
The Administrative State
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Author : Armin von Bogdandy
language : en
Publisher: Oxford University Press
Release Date : 2017
The Administrative State written by Armin von Bogdandy and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.
This is the first volume of The Max Planck Handbooks of European Public Law. Volume I: The Administrative State frames the administrative regimes of Europe in a comparative perspective, analysing the evolution of state and administration of major European jurisdictions, and examining issues that cut across national boundaries.
Law And Leviathan
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Author : Cass R. Sunstein
language : en
Publisher: Harvard University Press
Release Date : 2020-09-15
Law And Leviathan written by Cass R. Sunstein and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-09-15 with Law categories.
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.
The Administrative State
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Author : Dwight Waldo
language : en
Publisher: Routledge
Release Date : 2017-09-04
The Administrative State written by Dwight Waldo and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-09-04 with Political Science categories.
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.
Law S Abnegation
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Author : Adrian Vermeule
language : en
Publisher: Harvard University Press
Release Date : 2016-11-14
Law S Abnegation written by Adrian Vermeule and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-11-14 with Law categories.
Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
Is Administrative Law Unlawful
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Author : Philip Hamburger
language : en
Publisher: University of Chicago Press
Release Date : 2014-05-27
Is Administrative Law Unlawful written by Philip Hamburger and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-05-27 with Law categories.
“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 Administrative State
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Author : Fritz Morstein Marx
language : en
Publisher:
Release Date : 2003-01-01
The Administrative State written by Fritz Morstein Marx and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003-01-01 with categories.
The Administrative State
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Author : Fritz Morstein Marx
language : en
Publisher:
Release Date : 1957
The Administrative State written by Fritz Morstein Marx and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1957 with Civil service categories.
Tocqueville S Nightmare
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Author : Daniel R. Ernst
language : en
Publisher: Oxford University Press, USA
Release Date : 2014
Tocqueville S Nightmare written by Daniel R. Ernst and has been published by Oxford University Press, USA this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with History categories.
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.
The Administrative State Before The Supreme Court
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Author : Peter J. Wallison
language : en
Publisher: Rowman & Littlefield
Release Date : 2022-04
The Administrative State Before The Supreme Court written by Peter J. Wallison and has been published by Rowman & Littlefield this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-04 with Political Science categories.
In this book, legal scholars outline how and why the Supreme Court should revitalize the nondelegation doctrine—which has not been invoked since 1935. If the Court does so, it will protect the constitutional separation of powers and require Congress to make the difficult political decisions that a legislature should make in a democratic society.