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The Resource Reasoned administration and democratic legitimacy : how administrative law supports democratic government, Jerry L. Mashaw

Reasoned administration and democratic legitimacy : how administrative law supports democratic government, Jerry L. Mashaw

Label
Reasoned administration and democratic legitimacy : how administrative law supports democratic government
Title
Reasoned administration and democratic legitimacy
Title remainder
how administrative law supports democratic government
Statement of responsibility
Jerry L. Mashaw
Creator
Author
Subject
Language
eng
Summary
  • "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"--
  • "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"--
Assigning source
  • Provided by publisher
  • Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorName
Mashaw, Jerry L
Index
index present
LC call number
KF5407
LC item number
.M38 2018
Literary form
non fiction
Nature of contents
bibliography
http://library.link/vocab/subjectName
  • Administrative agencies
  • Administrative law
  • Administrative procedure
  • Legitimacy of governments
  • Rule of law
  • Democracy
  • Administrative agencies
  • Administrative law
  • Administrative procedure
  • Democracy
  • Legitimacy of governments
  • Rule of law
  • United States
  • Demokratie
  • Legitimität
  • Verwaltungshandeln
  • Verwaltungsrecht
  • USA
Label
Reasoned administration and democratic legitimacy : how administrative law supports democratic government, Jerry L. Mashaw
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Why reasons -- The rise of reason-giving -- Reasons, reasonableness and accountability in American administrative law: the basic legal framework -- Reasonableness, accountability and the control of administrative policy -- Reasons, reasonableness and judicial review -- Reasons, administration and politics -- Reasoned administration and democratic legitimacy -- Reason and regret
Control code
1043304312
Dimensions
23 cm
Extent
ix, 201 pages
Isbn
9781108413114
Lccn
2018031528
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)1043304312
Label
Reasoned administration and democratic legitimacy : how administrative law supports democratic government, Jerry L. Mashaw
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Why reasons -- The rise of reason-giving -- Reasons, reasonableness and accountability in American administrative law: the basic legal framework -- Reasonableness, accountability and the control of administrative policy -- Reasons, reasonableness and judicial review -- Reasons, administration and politics -- Reasoned administration and democratic legitimacy -- Reason and regret
Control code
1043304312
Dimensions
23 cm
Extent
ix, 201 pages
Isbn
9781108413114
Lccn
2018031528
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
(OCoLC)1043304312

Library Locations

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