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04801aam a2200541 i 4500 001 2E0A876A2E9411E9B5CB1E4197128E48 003 SILO 005 20190212010150 008 180629t20182018enk b 001 0 eng 010 $a 2018031528 020 $a 1108413110 020 $a 9781108413114 020 $a 1108421008 020 $a 9781108421003 035 $a (OCoLC)1043304312 040 $a DLC $b eng $e rda $c DLC $d OCLCO $d OCLCF $d YDX $d CHVBK $d OCLCO $d SILO 042 $a pcc 043 $a n-us--- 050 00 $a KF5407 $b .M38 2018 100 1 $a Mashaw, Jerry L., $e author. 245 10 $a Reasoned administration and democratic legitimacy : $b how administrative law supports democratic government / $c Jerry L. Mashaw. 264 1 $a Cambrdige, United Kingdom ; $b Cambridge University Press, $c 2018. 300 $a ix, 201 pages ; $c 23 cm 504 $a Includes bibliographical references and index. 520 $a "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"-- $c Provided by publisher. 520 $a "Preface and Acknowledgements Critiques of administrative governance go back at least to the Jeffersonian Republicans' objections to the creation of the First Bank of the United States. And, like those early "Democrats" laments, critical commentary is often focused on a presumed democratic deficit. For many, countering the pernicious effects of "big government", and re-establishing democracy and the rule of law, entails returning lawmaking to Congress and the judiciary. These complaints continue unabated in the academic literature, judicial decisions and popular political discourse. For example, conservative legalists have embraced Philip Hamburger's book, "Is Administrative Law Unlawful?" (answer yes) notwithstanding Hamburger's thoroughgoing misunderstanding of both modern American administrative law, and the functioning of seventeenth century royal prerogative to which Hamburger compared our modern administrative jurisprudence. No less than the Chief Justice of the U.S. Supreme Court has weighed in with his own concerns the Americans now live in a gigantic and all-powerful administrative state. As these words are written multiple bills are before Congress that would, among other things, make all significant agency regulations ineffective unless specifically approved by Congress and instruct reviewing courts to give agency interpretations of their organic statutes no deference upon judicial review"-- $c Provided by publisher. 505 0 $a Why reasons -- The rise of reason-giving -- Reasons, reasonableness and accountability in American administrative law: the basic legal framework -- Reasonableness, accountability and the control of administrative policy -- Reasons, reasonableness and judicial review -- Reasons, administration and politics -- Reasoned administration and democratic legitimacy -- Reason and regret. 650 0 $a Administrative agencies $z United States. 650 0 $a Administrative law $z United States. 650 0 $a Administrative procedure $z United States. 650 0 $a Legitimacy of governments $z United States. 650 0 $a Rule of law $z United States. 650 0 $a Democracy $z United States. 650 7 $a Administrative agencies. $2 fast $0 (OCoLC)fst00796723 650 7 $a Administrative law. $2 fast $0 (OCoLC)fst00796846 650 7 $a Administrative procedure. $2 fast $0 (OCoLC)fst00796890 650 7 $a Democracy. $2 fast $0 (OCoLC)fst00890077 650 7 $a Legitimacy of governments. $2 fast $0 (OCoLC)fst00995908 650 7 $a Rule of law. $2 fast $0 (OCoLC)fst01101218 651 7 $a United States. $2 fast $0 (OCoLC)fst01204155 650 7 $a Demokratie $2 gnd 650 7 $a LegitimitaÂt $2 gnd 650 7 $a Verwaltungshandeln $2 gnd 650 7 $a Verwaltungsrecht $2 gnd 651 7 $a USA $2 gnd 941 $a 1 952 $l OVUX522 $d 20231018010901.0 956 $a http://locator.silo.lib.ia.us/search.cgi?index_0=id&term_0=2E0A876A2E9411E9B5CB1E4197128E48Initiate Another SILO Locator Search