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15 - Administration

from Part IV - State Institutions

Published online by Cambridge University Press:  30 September 2019

Roger Masterman
Affiliation:
University of Durham
Robert Schütze
Affiliation:
University of Durham
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Summary

Honest and competent administration is essential to legitimate constitutional government. Administrators make rules with the force of law and apply the law to particular cases. The case-by-case implementation of established policies requires citizens to trust in the impartial application of the law. However, impartiality is not sufficient for administrative legitimacy. In addition, policymaking by the executive and the agencies needs to be consistent both with the competent use of expertise and with accountability to citizens and interest groups. Policymaking delegation is the inevitable result of the weakness of the legislative process as a site for detailed policy prescriptions. Gaps and ambiguities are inevitable. Furthermore, the electoral process is too aggregated and episodic to be the only legitimate route for citizen influence on policymaking. Referenda and surveys are not a responsible option for most policy choices; they risk measuring the views of uninformed individuals, often reacting to emotional appeals. Hence, other routes to public involvement beyond voting and surveys are a crucial aspect of legitimate, representative democracy. Administrative law scholarship needs to articulate practical ways to combine public input with the competent application of technical information to policy.

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Chapter
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Publisher: Cambridge University Press
Print publication year: 2019

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References

Further Reading

Bignami, F. and Zaring, D. (eds.), Elgar Research Handbook on Comparative Law and Regulation (Edward Elgar, 2016).CrossRefGoogle Scholar
Prosser, T., The Regulatory Enterprise (Oxford University Press, 2010).Google Scholar
Renn, O., Webler, T. and Wiedemann, P. (eds.), Fairness and Competence in Citizen Participation: Evaluating Models for Environmental Discourse (Kluwer Academic Publishers, 1995).Google Scholar
Rose-Ackerman, S., Lindseth, P., and Emerson, B. (eds.), Comparative Administrative Law, 2nd ed. (Edward Elgar, 2017).Google Scholar
Rose-Ackerman, S., Egidy, S. and Fowkes, J., Due Process of Lawmaking: The United States, South Africa, Germany and the European Union (Cambridge University Press, 2015).Google Scholar
Fraenkel-Haeberle, C., Kropp, S., Palmero, F. and Sommermann, K.-P. (eds.), Citizen Participation in Multi-Level Democracies (Brill/Nijhoff, 2015).Google Scholar

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