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

Format:

Book

Author/Creator:

Mashaw, Jerry L., author.

Language:

English

Subjects (All):

Administrative agencies--United States.

Administrative agencies.

Legitimacy of governments.

United States.

Administrative law--United States.

Administrative law.

Administrative procedure--United States.

Administrative procedure.

Legitimacy of governments--United States.

Rule of law--United States.

Rule of law.

Democracy--United States.

Democracy.

Physical Description:

1 online resource (ix, 201 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Cambridge University Press, 2018.

System Details:

text file

PDF

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.

Contents:

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.

Notes:

Title from publisher's bibliographic system (viewed on 24 Sep 2018).

Other Format:

Print version:

ISBN:

9781108355827

Access Restriction:

Restricted for use by site license.