Judicializing the Administrative State

Released on by Hiroshi Okayama
preview-18

  • Judicializing the Administrative State Book Detail

  • Author : Hiroshi Okayama
  • Release Date : 2019-05-10
  • Publisher : Routledge
  • Genre : Social Science
  • Pages : 319
  • ISBN 13 : 1351393332
  • File Size : 46,46 MB
DOWNLOAD BOOK

Judicializing the Administrative State by Hiroshi Okayama PDF Summary

Book Description: 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.

Disclaimer: www.yourbookbest.com does not own Judicializing the Administrative State books pdf, neither created or scanned. We just provide the link that is already available on the internet, public domain and in Google Drive. If any way it violates the law or has any issues, then kindly mail us via contact us page to request the removal of the link.

Judicializing the Administrative State

Judicializing the Administrative State

File Size : 59,59 MB
Total View : 2840 Views
DOWNLOAD

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 jud

Judicial Fortitude

Judicial Fortitude

File Size : 86,86 MB
Total View : 7695 Views
DOWNLOAD

In this book, Peter J. Wallison argues that the administrative agencies of the executive branch have gradually taken over the legislative role of Congress, resu

Tocqueville's Nightmare

Tocqueville's Nightmare

File Size : 56,56 MB
Total View : 7846 Views
DOWNLOAD

De Tocqueville once wrote that 'insufferable despotism' would prevail if America ever acquired a national administrative state. Between 1900 and 1940, radicals