Bureaucracy in America : The Administrative State's Challenge to Constitutional Government (Studies in Constitutional Democracy)

Postell, Joseph

University of Missouri Press（2023/12発売）

• 製本 Paperback:紙装版/ペーパーバック版／ページ数 416 p.
• 言語 ENG
• 商品コード 9780826222978
• DDC分類 351.73

Full Description

The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.

Contents

Introduction
Chapter 1 - An Improved Science of Administration: Administration and the American Founding
Chapter 2 - Well-Regulated and Free: Administration and Constitutionalism in the Early Republic
Chapter 3 - Executive-Centered Administration: Administrative Law and Constitutionalism during the Jacksonian Era
Chapter 4 - The Beginning of Bureaucracy? Administrative Power after the Civil War
Chapter 5 - A New Science of Administration: Progressivism and the Administrative State
Chapter 6 - The Crisis of Legitimacy: The New Deal Challenge to American Constitutionalism
Chapter 7 - "A Surrogate Political Process": The 1970s Administrative Law Revolution
Chapter 8 - The Conservative Counterrevolution? The Rise of a Jurisprudence of Deference
Conclusion - The Ongoing Crisis of Legitimacy
Notes
Bibliography
Index