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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Reasoned Administration and Democratic Legitimacy: How Administrative Law Supports Democratic Government


ISBN13: 9781108413114
To be Published: August 2018
Publisher: Cambridge University Press
Country of Publication: UK
Format: Paperback
Price: £21.99



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.

  • Seeks to dispel the common assumption that bureaucracy is 'undemocratic'
  • A historical explanation of how reason giving and reasonableness became the touchstones of the legality of administrative action in the US
  • Presents a normative argument for the democratic pedigree of administrative government

Subjects:
Constitutional and Administrative Law
Contents:
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.