Crisis and Legitimacy: The Administrative Process and American Government

Overview

One of the most striking developments in American history has been the steady growth in the administrative process, to the point that the regulatory agencies of the federal government now affect the lives of more citizens more pervasively than the courts and possibly the Congress. In virtually every relevant respect, the administrative process has become a fourth branch of government, comparable in the scope of its authority and the impact of its decision making to the three more familiar constitutional branches....

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Overview

One of the most striking developments in American history has been the steady growth in the administrative process, to the point that the regulatory agencies of the federal government now affect the lives of more citizens more pervasively than the courts and possibly the Congress. In virtually every relevant respect, the administrative process has become a fourth branch of government, comparable in the scope of its authority and the impact of its decision making to the three more familiar constitutional branches. This book identifies and examines the causes of the enduring sense of crisis associated with the administrative process. This book argues a theory of legitimacy for the administrative process must be created. The author seeks to develop such a theory from the quality of administrative justice, taking as a premise the conviction that the capacity of government to devise fair procedures for the discharge of its decision-making responsibilities is the essence of democratic practice.

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Product Details

  • ISBN-13: 9780521220637
  • Publisher: Cambridge University Press
  • Publication date: 11/30/1978
  • Pages: 352

Table of Contents

Preface; Introduction; 1. Crisis and legitimacy in the administrative process; Part I. Sources of crisis in the administrative process: 2. Separation of powers and the American imagination; 3. The departure from judicial norms; 4. Public perceptions and administrative performance; 5. Agency independence and political accountability; 6. Delegation of power and institutional competence; 7. Explaining differences in agency performance; 8. The significance of public attitudes toward agency goals; 9. The significance of institutional capacities and limitations; Part II. The relevance of administrative procedure; 10. Administrative procedure and the nature of legitimacy; Part III. The nature of the formal administrative process; 11. Defining the idea of 'agency'; 12. The Administrative Procedure Act and enforcement proceedings; 13. The significance of an impartial hearing officer; 14. Separation of functions and the Constitution; 15. Disqualification for bias; Part IV. The nature of the informal administrative process: 16. The meaning of summary action; 17. Summary action and the Constitution; 18. Summary action as an administrative process; 19. Structuring the use of summary action; Conclusion: 20. The challenge of administrative legitimacy; Notes; Bibliography; Index.

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