Title
Administrative Law: Rethinking Judicial Control of Bureaucracy,Used
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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.
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We provide a 2-year limited warranty, from the date of purchase for all our products.
If you believe you have received a defective product, or are experiencing any problems with your product, please contact us.
This warranty strictly does not cover damages that arose from negligence, misuse, wear and tear, or not in accordance with product instructions (dropping the product, etc.).
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Frequently Asked Questions
- Q: What is the main focus of 'Administrative Law: Rethinking Judicial Control of Bureaucracy'? A: The book critically examines modern American administrative law, arguing that courts often exercise discretion inappropriately, leading to failures in controlling bureaucracy.
- Q: Who is the author of this book? A: The author is Christopher Edley Jr., a notable figure in the field of administrative law.
- Q: What is the publication date of this book? A: The book was published on July 29, 1992.
- Q: How many pages does the book have? A: The book contains 283 pages.
- Q: What type of binding does this book have? A: This edition of the book is available in paperback.
- Q: Is this book in new condition? A: Yes, this book is listed as 'New'.
- Q: What are the key themes discussed in the book? A: Key themes include the inadequacies of administrative law, the intersection of politics, scientific expertise, and fairness in governance, and the need to address bureaucratic inefficiencies.
- Q: What audience would benefit from reading this book? A: This book is beneficial for law students, legal practitioners, policymakers, and anyone interested in understanding the complexities of administrative law.
- Q: Does the book address any specific case studies? A: Yes, Edley discusses various contexts to illustrate his points about judicial oversight and bureaucratic decision-making.
- Q: What makes this book a seminal work in its field? A: It provides a foundational re-evaluation of judicial control over bureaucracy, challenging conventional wisdom and suggesting a shift in focus towards effective governance.