Public Administration and Law: Public Administration and Public Policy
Autor David H. Rosenbloom, Rosemary O'Leary, Joshua Chaninen Limba Engleză Hardback – 23 iun 2010
Since the first edition of Public Administration and Law was published in 1983, it has retained its unique status of being the only book in the field of public administration that analyzes how constitutional law regulates and informs the way administrators interact with each other and the public. Examining First, Fourth, Fifth, Eighth, and Fourteenth Amendment rights as they pertain to these encounters, it explains how public administrators must do their jobs and how administrative systems must operate in order to comply with constitutional law.
Explores the conflicts between laws
The book begins by presenting a historical account of the way constitutional and administrative law have incrementally "retrofitted" public agencies into the nation’s constitutional design. It examines the federal judiciary’s impact on federal administration and the effect of the nation’s myriad environmental laws on public administration. Next, it focuses on the role of the individual as a client and customer of public agencies. In a discussion of the Fourth Amendment, it examines street-level encounters between citizens and law enforcement agents. Responding to the rise of the new public management (NPM), it also adds, for the first time in this edition, a chapter that analyzes the rights of the individual not only as a government employee but also as a government contractor.
Enhanced with numerous references
The final chapters of the book address issues concerning the rights of inmates in administrative institutions and balancing the need to protect individual rights with the ability of agencies to function effectively. Supplemented with case citations and lists of articles, books, and documents, this text is designed to facilitate further study in a constantly evolving area.
About the Authors:
David H. Rosenbloom, Ph.D. is Distinguished Professor of Public Administration in the School of Public Affairs at American University in Washington, D.C., and Chair Professor of Public Management at City University of Hong Kong. Rosemary O’Leary, Ph.D., J.D. is Distinguished Professor of Public Administration and the Howard G. and S. Louise Phanstiel Chair in Strategic Management and Leadership at Syracuse University. Joshua M. Chanin, M.P.A., J.D. is a Ph.D. candidate in Public Administration and Justice, Law, and Society in the School of Public Affairs at American University in Washington, D.C.
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Specificații
ISBN-10: 1439803986
Pagini: 354
Ilustrații: 1 b/w image and 1 table
Dimensiuni: 156 x 234 x 23 mm
Greutate: 0.64 kg
Ediția:Revizuită
Editura: Taylor & Francis
Colecția Routledge
Seria Public Administration and Public Policy
Locul publicării:Oxford, United Kingdom
Public țintă
Academic, Postgraduate, Professional, Professional Practice & Development, and UndergraduateCuprins
I. The Administrative State, Democratic Constitutionalism, and the Rule of Law
The Problem: Retrofitting the American Administrative State into the Constitutional Scheme
Public Administration and American Constitutionalism
The American Public Administrative "Orthodoxy"
"Reinvented" Public Administration: Toward a New Public Management
US Constitutionalism
Controlling Administrative Discretion: The Role of Law
Judicial Responses to the Administrative State
Conclusion: "Retrofitting" as an Incremental Project
Administrative Law and the Judiciary Today
The Commerce Clause
Delegated Power
The Federal Government’s Administrative Law Framework
Judicial Review of Agency Action
Review of Informational Activity
Adjudications
Rulemaking
Review of Executive Orders
Alternatives to Litigation
Regulatory Negotiation
Environmental Law: Changing Public Administration Practices
Judicial Review of Agency Actions
Interpretation of Environmental Laws
The Growth of Environmental Conflict Resolution
II. The Constitutionalization of Public Administrative Action
The Individual as Client and Customer of Public Agencies
The Public Administration of Services
Constraining Clients: The Problem of Conditional Benefits
Clients and Customers in Court: The Traditional Response
The Demise of the Doctrine of Privilege
A Constitutional Limit to Clients’ and Customers’ Interests in Public Benefits
The Case Law in Sum
Impact on Public Administration
Street-Level Encounters
The Need for Street-Level Intuition versus the Fear of Arbitrary or Discriminatory Administration and Law Enforcement
The Fourth Amendment
Impact on Public Administration
The Individual as Government Employee or Contractor
Public Administrative Values and Public Employment
Constitutional Values in Public Employment
Considering Whether the Constitution Should Apply to Public Employment
Judicial Doctrines
The Structure of Public Employees’ Constitutional Rights Today
Conclusion: The Courts, Public Personnel Management, and Contracting
The Individual as Inmate in Administrative Institutions
Administrative Values and Practices
Total Institutions and Public Administrative Values
Theory and Practice in Public Total Institutions Prior to Reform in the 1970s
Transformational Cases
Subsequent Developments: The Right to Treatment and Prisoners’ Rights Today
Implementation and Impact
Conclusion: Consequences for Public Administrators
The Individual as Antagonist of the Administrative State
The Antagonist of the Administrative State
The Antagonist in Court: Traditional Approaches
Public Administrators’ Liability and Immunity
Suing States and Their Employees
Failure to Train of to Warn
Public Law Litigation and Remedial Law
Standing
State Action Doctrine, Outsourcing, and Private Entities’ Liability for Constitutional Torts
Law, Courts, and Public Administration
Judicial Supervision of Public Administration
Administrative Values and Constitutional Democracy
Assessing the Impact of Judicial Supervision on Public Administration
The Next Steps: Public Service Education and Training in Law
Notă biografică
David H. Rosenbloom, Ph.D. is Distinguished Professor of Public Administration in the School of Public Affairs at American University in Washington, D.C., and Chair Professor of Public Management at City University of Hong Kong. Rosemary O’Leary, Ph.D., J.D. is Distinguished Professor of Public Administration and the Howard G. and S. Louise Phanstiel Chair in Strategic Management and Leadership at Syracuse University. Joshua M. Chanin, M.P.A., J.D. is a Ph.D. candidate in Public Administration and Justice, Law, and Society in the School of Public Affairs at American University in Washington, D.C.
Descriere
Examining First, Fourth, Fifth, Eighth, and Fourteenth Amendment rights, this reference explains how public administrators must do their jobs and how administrative systems must operate in order to comply with constitutional law.