Judicializing the Administrative State

Author: Hiroshi Okayama

Publisher: Routledge

ISBN:

Category:

Page: 188

View: 953

A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.
History

The Blessings of Liberty

Author: Michael Les Benedict

Publisher: Rowman & Littlefield

ISBN:

Category: History

Page: 661

View: 139

This concise, accessible text by historian Michael Benedict provides students with a history of American constitutional development in the context of political, economic, and social change. The fourth edition is updated to include the 2016 election, the Trump administration, the 2020 election, and the first activities of the Biden administration.
History

The Hughes Court

Author: Mark V. Tushnet

Publisher: Cambridge University Press

ISBN:

Category: History

Page:

View: 784

The Hughes Court: From Progressivism to Pluralism, 1930 to 1941 describes the closing of one era in constitutional jurisprudence and the opening of another. This comprehensive study of the Supreme Court from 1930 to 1941 – when Charles Evans Hughes was Chief Justice – shows how nearly all justices, even the most conservative, accepted the broad premises of a Progressive theory of government and the Constitution. The Progressive view gradually increased its hold throughout the decade, but at its end, interest group pluralism began to influence the law. By 1941, constitutional and public law was discernibly different from what it had been in 1930, but there was no sharp or instantaneous Constitutional Revolution in 1937 despite claims to the contrary. This study supports its conclusions by examining the Court's work in constitutional law, administrative law, the law of justiciability, civil rights and civil liberties, and statutory interpretation.
Political Science

State Politics and the Affordable Care Act

Author: John C. Morris

Publisher: Routledge

ISBN:

Category: Political Science

Page: 176

View: 980

After a great deal of discussion and debate across all levels of government, President Obama signed the Affordable Care Act (ACA) into law in March 2010. Since President Trump's election into office, the ACA has stayed in the headlines. Trump has continued to call for the replacement and repeal of the ACA, and several efforts have spawned in both the House and the Senate to accomplish this goal. Unlike welfare reform, which was generally embraced by all states, the ACA has proven very divisive in some states, with some states actively seeking to block implementation. Alternative solutions continue to prove elusive. To better understand the major factors driving decision-making process and state-level dynamics influencing state support or opposition of the ACA, this book examines the initial implementation through established support and opposition factors across four states: Alabama, Michigan, California, and New Hampshire. The choices made by states are a direct consequence of long-term forces, and the choices made at the national level. State Politics and the Affordable Care Act will be of interest to scholars researching in public administration, policy formulation and implementation, and policy analysis.
Political Science

Critical Perspectives on Public Systems Management in India

Author: Amar KJR Nayak

Publisher: Routledge

ISBN:

Category: Political Science

Page: 152

View: 437

This book analyses the effectiveness of district administration from critical management perspective. Using classical organizational theory and leadership competency framework, the authors conducted a comparative study of two exemplary districts with distinctive traits in India ─ a rural district in the developed state of Maharashtra and an urban district from the underdeveloped state of Madhya Pradesh. The book delves into the dynamics of district administration by breaking down the processes further and mapping the role of the district magistrates on the UNDP competency framework. Given the changing scope and challenges of public service, this comparative analysis of the two districts would provide insights into district administration and would be of significant relevance to administrators and management professionals across the globe in assessing their effectiveness. The book provides an eclectic framework for public administration from an overall sustainability perspective
History

Power Shifts

Author: John A. Dearborn

Publisher: University of Chicago Press

ISBN:

Category: History

Page: 347

View: 661

"The extraordinary nature of the Trump presidency has spawned a resurgence in the study of the presidency and a rising concern about the power of the office. In Power Shifts: Congress and Presidential Representation, John Dearborn explores the development of the idea of the representative presidency, that the president alone is elected by a national constituency, and thus the only part of government who can represent the nation against the parochial concerns of members of Congress, and its relationship to the growth of presidential power in the 20th century. Dearborn asks why Congress conceded so much power to the Chief Executive, with the support of particularly conservative members of the Supreme Court. He discusses the debates between Congress and the Executive and the arguments offered by politicians, scholars, and members of the judiciary about the role of the president in the American state. He asks why so many bought into the idea of the representative, and hence, strong presidency despite unpopular wars, failed foreign policies, and parochial actions that favor only the president's supporters. This is a book about the power of ideas in the development of the American state"--
Business & Economics

Affirmative Action in Malaysia and South Africa

Author: Hwok-Aun Lee

Publisher: Routledge

ISBN:

Category: Business & Economics

Page: 278

View: 146

Malaysia and South Africa implement the most extensive affirmative action programmes worldwide. This book explores why and how to effect preferential treatment which has been utilized in the pursuit of inter-ethnic parity, specifically in higher education, high level occupations, enterprise development and wealth ownership. Through methodical and critical analyses of data on education, workforce, and population, the book evaluates the primary objectives of increasing majority representation in education, employment, enterprise, and ownership. The book also critically considers questions of the attainments and limitations of ethnic preferential treatment in reducing disparity, the challenges of developing capability and reducing dependency, and the scope for policy reforms.
Political Science

Multiorganizational Arrangements for Watershed Protection

Author: Madeleine Wright McNamara

Publisher: Routledge

ISBN:

Category: Political Science

Page: 146

View: 425

With cross-pollination of the public administration and policy implementation literatures, Madeleine Wright McNamara and John Charles Morris present the Multiorganizational Interaction Model as a framework to explore the use of cooperation, coordination, and collaboration between 15 federal/state agencies, local governments, and nongovernmental organizations working together to restore coastal habitats and replenish aquatic resources on Virginia’s Eastern Shore. Content analysis of data collected through interviews and organizational documents allows comparisons to be made regarding the distribution of data across the continuum of interaction. The presence of policy mandates intending to prescribe relationships coupled with strong perceptions of collaboration, create opportunity to explore mandated and voluntary collaboration. Themes regarding mapping relationships within the multiorganizational arrangement, movement on the continuum, and implementation through mid-level personnel are discussed. The combination of theory development and testing provides readers with a theoretical framework through which to think about interorganizational interactions, and a case study to illustrate the ways in which these complex relationships manifest themselves in practice. Multiorganizational Arrangements for Watershed Protection will be essential for scholars, students, and policy makers.
Political Science

The Transformative Potential of Participatory Budgeting

Author: George Robert Bateman, Jr.

Publisher: Routledge

ISBN:

Category: Political Science

Page: 142

View: 570

In this book, George Robert Bateman, Jr. presents a philosophical examination of the potential benefits of participatory budgeting (PB), with recommendations of how they might be realized. The work of social philosophers like Thomas Jefferson, John Dewey, Robert Putnam are studied to better understand the potential benefits and their effect on individuals and communities. Using social provisioning and John Fagg Foster’s theories of instrumental value and institutional adjustment, Bateman demonstrates how participatory budgeting in New York City (PBNYC) can realize its full potential and transform individual participants into their better selves and also transform their communities. This transformation can occur when participants are able to make decisions about things that matter in their lives. As more of us become empowered and actively engaged in deliberations concerning local economic/political issues the more we will experience public happiness, greater understanding of others, greater development of our morality, and an increased sense of belonging. The Transformative Potential of Participatory Budgeting will be of great interest to scholars in the fields of normative political theory, political philosophy, local politics, heterodox economics, institutional economics, political sociology, urban sociology, and community sociology.
Law

Administrative Law and Governance in Asia

Author: Tom Ginsburg

Publisher: Routledge

ISBN:

Category: Law

Page: 395

View: 563

This book examines administrative law in Asia, exploring the profound changes in the legal regimes of many Asian states that have taken place in recent years. Political democratization in some countries, economic change more broadly and the forces of globalization have put pressure on the developmental state model, wherein bureaucrats governed in a kind of managed capitalism and public-private partnerships were central. In their stead, a more market-oriented regulatory state model seems to be emerging in many jurisdictions, with emphases on transparency, publicity, and constrained discretion. This book analyses the causes and consequences of this shift from a socio-legal perspective, showing clearly how decisions about the scope of administrative law and judicial review have an important effect on the shape and style of government regulation. Taking a comparative approach, individual chapters trace the key developments in the legal regimes of major states across Asia, including China, Japan, Korea, Malaysia, Taiwan, Hong Kong, Indonesia, Singapore, the Philippines, Thailand and Vietnam. They demonstrate that, in many cases, Asian states have shifted away from traditional systems in which judges were limited in terms of their influence over social and economic policy, towards regulatory models of the state involving a greater role for judges and law-like processes. The book also considers whether judiciaries are capable of performing the tasks they are being given, and assesses the profound consequences the judicialization of governance is starting to have on state policy-making in Asia.