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Reasoned Administration and Democratic Legitimacy Jerry L. Mashaw (Yale University, Connecticut)

Reasoned Administration and Democratic Legitimacy By Jerry L. Mashaw (Yale University, Connecticut)

Reasoned Administration and Democratic Legitimacy by Jerry L. Mashaw (Yale University, Connecticut)


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Summary

Modern government is administrative government. This book provides anyone with an interest in politics, law or public administration with a detailed account of how administrative governance works and how administrative law's emphasis on reason giving protects both respect for individual autonomy, the rule of law, and democratic legitimacy.

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Reasoned Administration and Democratic Legitimacy Summary

Reasoned Administration and Democratic Legitimacy: How Administrative Law Supports Democratic Government by Jerry L. Mashaw (Yale University, Connecticut)

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.

Reasoned Administration and Democratic Legitimacy Reviews

'Reacting to the increasing tide of assaults on administrative law's legitimacy, Professor Mashaw, this generation's most distinguished scholar of the subject, finds in the centrality of required reason-giving a compelling response. Like its predecessors in analysis, wisdom and insight, this is a book to treasure.' Peter L. Strauss, Betts Professor of Law Emeritus, Columbia Law School, New York
'A masterpiece, defending a bold claim: reason-giving lies at the heart of the legitimisation of public power. Mashaw has provided the authoritative treatment of what may be the most important issue of our age.' Cass R. Sunstein, Robert Walmsley University Professor, Harvard University, Massachusetts
'With Reasoned Administration and Democratic Legitimacy, Jerry L. Mashaw demonstrates again why he's one of the most accomplished and influential public law scholars in the world. By carefully exploring the vital and often misunderstood connection between American democracy and the administrative state, Mashaw makes lasting contributions to our understanding of both, at a moment in history when we especially need that.' Mariano-Florentino Cuellar, Former Stanley Morrison Professor of Law, Stanford Law School, California

About Jerry L. Mashaw (Yale University, Connecticut)

Jerry L. Mashaw is Sterling Professor of Law Emeritus and Professorial Lecturer at Yale Law School. He is the author of many award-winning books including Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law (2012), Bureaucratic Justice: Managing Social Security Disability Claims (1983), and Greed, Chaos, and Governance: Using Public Choice to Improve Public Law (1997). Professor Mashaw has lectured at numerous foreign universities and served as a consultant for US and foreign government agencies and foundations.

Table of Contents

1. Why reasons; 2. The rise of reason giving; 3. Reasons, reasonableness and accountability in American administrative law: the basic legal framework; 4. Reasonableness, accountability and the control of administrative policy; 5. Reasons, reasonableness and judicial review; 6. Reasons, administration and politics; 7. Reasoned administration and democratic legitimacy; 8. Reason and regret.

Additional information

CIN1108413110VG
9781108413114
1108413110
Reasoned Administration and Democratic Legitimacy: How Administrative Law Supports Democratic Government by Jerry L. Mashaw (Yale University, Connecticut)
Used - Very Good
Paperback
Cambridge University Press
2018-09-27
210
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

Customer Reviews - Reasoned Administration and Democratic Legitimacy