Administrative Law: Rethinking Judicial Control Of Bureaucracy-new
Administrative Law: Rethinking Judicial Control Of Bureaucracy-new
Administrative Law: Rethinking Judicial Control Of Bureaucracy-new

Administrative Law: Rethinking Judicial Control Of Bureaucracy-new

In Stock
SKU: DADAX0300052537
Brand: Yale University Press
$19.66 $28.09
Save $8.43
Quantity
Add to wishlist
Add to compare

Processing time: 1-3 days

US Orders Ships in: 3-5 days

International Orders Ships in: 8-12 days

Return Policy: 15-days return on defective items

Payment Option
Payment Methods

Help

If you have any questions, you are always welcome to contact us. We'll get back to you as soon as possible, withing 24 hours on weekdays.

Customer service

All questions about your order, return and delivery must be sent to our customer service team by e-mail at yourstore@yourdomain.com

Sale & Press

If you are interested in selling our products, need more information about our brand or wish to make a collaboration, please contact us at press@yourdomain.com

This Seminal Book Presents A Fundamental Reconsideration Of Modern American Administrative Law. According To Christopher Edley, The Guiding Principle In This Field Is That Courts Should Apply Legal Doctrines To Control The Discretion Of Unelected Bureaucrats. In Practice, However, These Doctrines Simply Give Unelected Judges Largely Unconstrainedand Inescapablediscretion. Assessed On Its Own Terms, Says Edley, Administrative Law Is Largely A Failure. He Discussed Why And How This Is So And Argues That Law Should Abandon Its Obsession With Bureaucratic Discretion And Pursue Instead The Direct Promotion Of Sound Governance. Edley Demonstrates That Legal Analyses Of Separation Of Powers And Of Judicial Oversight Of Agencies Implicitly Use Three Decisionmaking Paradigms: Politics, Scientific Expertise, And Adjudicatory Fairness. Conventional Wisdom Maintains, For Example, That Judges Should Hesitate To Question The Political Choices Of Legislators And The Expertise Of Administrators, But Need Not Be So Deferential In Addressing Questions Of Law. Such Judicial Efforts To Police Governance Have Largely Failed Because, As Edley Shows In Several Contexts, They Attempt To Appraise Decisionmaking Paradigms As Though They Were Separable When In Fact The Important Decisions Of Both Judges And Political Officials Combine Elements Of Politics, Science, And Fairness. According To Edley, Unsustainable Boundaries Among These Paradigms Cannot Be A Satisfactory Basis For Deciding When A Court Should Interfere. Law Must Stop Focusing On Separation Of Powers And Instead Direct Attention To Such Issues As Bureaucratic Incompetence, Systemic Agency Delay, And Political Bias.

⚠️ WARNING (California Proposition 65):

This product may contain chemicals known to the State of California to cause cancer, birth defects, or other reproductive harm.

For more information, please visit www.P65Warnings.ca.gov.

Recently Viewed