Reasoned Administration and Democratic Legitimacy

How Administrative Law Supports Democratic Government

Nonfiction, Reference & Language, Law, Constitutional, Social & Cultural Studies, Political Science
Cover of the book Reasoned Administration and Democratic Legitimacy by Jerry L. Mashaw, Cambridge University Press
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Author: Jerry L. Mashaw ISBN: 9781108368896
Publisher: Cambridge University Press Publication: August 31, 2018
Imprint: Cambridge University Press Language: English
Author: Jerry L. Mashaw
ISBN: 9781108368896
Publisher: Cambridge University Press
Publication: August 31, 2018
Imprint: Cambridge University Press
Language: English

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.

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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.

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