The Future of the Administrative Presidency: Turning Administrative Law Inside-Out

43 Pages Posted: 12 Jan 2011  

Sidney A. Shapiro

Wake Forest University School of Law

Ronald F. Wright

Wake Forest University - School of Law

Date Written: January 11, 2011

Abstract

The administrative presidency, congressional oversight and judicial review, are efforts to control bureaucratic discretion from outside of the agencies. Administrative law focuses almost exclusively on such "outside-in" accountability. Meanwhile, public administration scholars discuss the potential of "inside-out" approaches: managerial controls and professionalism. We propose a model of bureaucratic behavior that identifies the ideal conditions for inside-out accountability. By postulating that self-interested and other-regarding motives of bureaucrats can both be present to varying degrees in different agency environments (something that the competing public choice model does not do), our approach allows government redesign to respond to empirical learning in public administration scholarship. This learning suggests overall accountability can be enhanced if the tools of the administrative presidency (political appointments and centralized control) are reduced in favor of enhanced inside-out approaches in appropriate contexts.

Suggested Citation

Shapiro, Sidney A. and Wright, Ronald F., The Future of the Administrative Presidency: Turning Administrative Law Inside-Out (January 11, 2011). Wake Forest Univ. Legal Studies Paper No. 1738491. Available at SSRN: https://ssrn.com/abstract=1738491 or http://dx.doi.org/10.2139/ssrn.1738491

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)

Ronald F. Wright

Wake Forest University - School of Law ( email )

P.O. Box 7206
Winston-Salem, NC 27109
United States
336-758-5727 (Phone)
336-758-4496 (Fax)

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