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作者 Mashaw, Jerry L., author
書名 Reasoned administration and democratic legitimacy : how administrative law supports democratic government / Jerry L. Mashaw
出版項 Cambridge, United Kingdom ; New York, NY : Cambridge University Press, 2018
國際標準書號 9781108421003 (Hardback)
9781108413114 (Paperback)
book jacket
館藏地 索書號 處理狀態 OPAC 訊息 條碼
 人文社會聯圖  KF5407 .M38 2018    到期 04-13-20    30650020082448
說明 ix, 201 pages ; 24 cm
text txt rdacontent
unmediated n rdamedia
volume nc rdacarrier
附註 Includes bibliographical references and index
"Reasoned Administration and Democratic Legitimacy: How Administrative Law Supports Democratic Government explores the fundamental bases for the legitimacy of the modern administrative state. While some have argued that modern administrative states are a threat to liberty and at war with democratic governance, Jerry L. Mashaw demonstrates that in fact reasoned administration is more respectful of rights and equal citizenship and truer to democratic values than lawmaking by either courts or legislatures. His account features the law's demand for reason giving and reasonableness as the crucial criterion for the legality of administrative action. In an argument combining history, sociology, political theory and law, this book demonstrates how administrative law's demand for reasoned administration structures administrative decision-making, empowers actors within and outside the government, and supports a complex vision of democratic self-rule"-- Provided by publisher
"Preface and Acknowledgements Critiques of administrative governance go back at least to the Jeffersonian Republicans' objections to the creation of the First Bank of the United States. And, like those early "Democrats" laments, critical commentary is often focused on a presumed democratic deficit. For many, countering the pernicious effects of "big government", and re-establishing democracy and the rule of law, entails returning lawmaking to Congress and the judiciary. These complaints continue unabated in the academic literature, judicial decisions and popular political discourse. For example, conservative legalists have embraced Philip Hamburger's book, "Is Administrative Law Unlawful?" (answer yes) notwithstanding Hamburger's thoroughgoing misunderstanding of both modern American administrative law, and the functioning of seventeenth century royal prerogative to which Hamburger compared our modern administrative jurisprudence. No less than the Chief Justice of the U.S. Supreme Court has weighed in with his own concerns the Americans now live in a gigantic and all-powerful administrative state. As these words are written multiple bills are before Congress that would, among other things, make all significant agency regulations ineffective unless specifically approved by Congress and instruct reviewing courts to give agency interpretations of their organic statutes no deference upon judicial review"-- Provided by publisher
Machine generated contents note: 1. Why reasons; 2. The rise of reason giving; 3. Reasons, reasonableness and accountability in American administrative law: the basic legal framework; 4. Reasonableness, accountability and the control of administrative policy; 5. Reasons, reasonableness and judicial review; 6. Reasons, administration and politics; 7. Reasoned administration and democratic legitimacy; 8. Reason and regret
主題 Administrative agencies -- United States
Administrative law -- United States
Administrative procedure -- United States
Legitimacy of governments -- United States
Rule of law -- United States
Democracy -- United States
記錄 8 之 9
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