Reasoned administration and democratic legitimacy : how administrative law supports democratic government / Jerry L. Mashaw.
2018
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Author
Title
Reasoned administration and democratic legitimacy : how administrative law supports democratic government / Jerry L. Mashaw.
Imprint
Cambridge : Cambridge University Press, 2018.
Description
1 online resource (ix, 201 pages) : digital, PDF file(s)
Formatted Contents Note
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.
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.
Note
Title from publisher's bibliographic system (viewed on 24 Sep 2018).
Location
www
Available in Other Form
Print version:
Linked Resources
Alternate Title
Cambridge Books Online.
Language
English
ISBN
9781108355827 ebook
9781108421003 hardback
9781108413114 paperback
9781108421003 hardback
9781108413114 paperback
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