Abstract

http://ssrn.com/abstract=1162872
 
 

Footnotes (100)



 


 



Eight Things Americans Can't Figure Out About Controlling Administrative Power


Sidney A. Shapiro


Wake Forest University School of Law

Richard W. Murphy


Texas Tech University School of Law

2008

Administrative Law Review, Vol. 60, 2008
Wake Forest Univ. Legal Studies Paper No. 1162872

Abstract:     
Administrative law is difficult because it reflects a tension between two fundamental impulses that pull in opposite directions. Effective government requires the allocation of discretionary power to agency officials, but for agency governance to be legitimate, administrative law must find ways to mediate this power, but not too much, robbing agencies of their effectiveness. We assume that other polities face similar difficulties and that the project of comparative administrative law therefore may suggest how to clarify and reform American administrative law. Written for a comparative administrative law conference, this Essay tries to advance cross-understanding by discussing issues of American administrative law that have been especially troublesome and contentious. Our discussion of eight things Americans cannot figure out about controlling administrative power leads us to conclude: (a) it is not clear which elected branch is in charge; (b) efforts to democratize policy formation are deeply problematic; and (c) administrative policy is hopelessly conflicted with regard to the scope of judicial power to tell agencies what to do.

Number of Pages in PDF File: 22

Keywords: Administrative Law, Administrative Procedure Act

Accepted Paper Series


Download This Paper

Date posted: July 22, 2008 ; Last revised: October 25, 2009

Suggested Citation

Shapiro, Sidney A. and Murphy, Richard W., Eight Things Americans Can't Figure Out About Controlling Administrative Power (2008). Administrative Law Review, Vol. 60, 2008; Wake Forest Univ. Legal Studies Paper No. 1162872. Available at SSRN: http://ssrn.com/abstract=1162872

Contact Information

Sidney A. Shapiro (Contact Author)
Wake Forest University School of Law ( email )
P.O. Box 7206
Winston-Salem, NC 27109
United States
336-758-5430 (Phone)
Richard Wyman Murphy
Texas Tech University School of Law ( email )
1802 Hartford
Lubbock, TX 79409
United States
806-742-3990 ex.320 (Phone)
Feedback to SSRN


Paper statistics
Abstract Views: 876
Downloads: 242
Download Rank: 69,378
Footnotes:  100

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo4 in 1.219 seconds