Creating the administrative constitution : the lost one hundred years of American administrative law
Type
Book
Authors
ISBN 10
0300180020
ISBN 13
9780300180022
DDC
342.73
Category
American Law
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Publication Year
2012
Publisher
Pages
x, 419 pages
Subject
American Constitutional Law
Tags
Abstract
"This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Jerry Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution's first century created an administrative constitution hardly hinted at in its formal text. This book, in the author's words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic.""-- Provided by publisher.
Description
Content:
Recovering American administrative law -- Pragmatic state-building -- "To see that the laws are faithfully executed": managerial and hierarchical control in the early republic -- Legal accountability: the common law model -- Federalist state-building meets Republican small-state ideology -- Administering the embargo: an exercise in regulatory hubris -- Bureaucratizing land -- Democracy and administration -- The bank war and sub-treasury system -- Democracy, office, and the reform of administrative organization -- Regulating steamboats -- The administrative constitution of "The Democracy" -- Nation, state, and administration in the gilded age -- Mass administrative adjudication: case studies in the development of internal administrative law -- The administrative Constitution: then and now.
Recovering American administrative law -- Pragmatic state-building -- "To see that the laws are faithfully executed": managerial and hierarchical control in the early republic -- Legal accountability: the common law model -- Federalist state-building meets Republican small-state ideology -- Administering the embargo: an exercise in regulatory hubris -- Bureaucratizing land -- Democracy and administration -- The bank war and sub-treasury system -- Democracy, office, and the reform of administrative organization -- Regulating steamboats -- The administrative constitution of "The Democracy" -- Nation, state, and administration in the gilded age -- Mass administrative adjudication: case studies in the development of internal administrative law -- The administrative Constitution: then and now.
Biblio Notes
Includes bibliographical references (317) and index.
Donated by Graham Price.
Donated by Graham Price.
Number of Copies
2
