Book contents
- Frontmatter
- Dedication
- Contents
- Preface
- Table of cases
- Table of legislation
- 1 Introduction: concepts and methodology
- 2 The English system of government
- 3 The US system of government
- 4 The Australian system of government
- 5 The development and institutional structure of control regimes
- 6 Administrative interpretation
- 7 Administrative fact-finding and policy-making
- 8 Administrative rule-making
- 9 Administrative adjudication
- 10 Private law controls
- 11 Controlling information
- 12 The New PublicManagement
- 13 Controlling the controllers
- 14 Concluding reflections on methodology and themes
- Bibliography
- Index
- References
Bibliography
Published online by Cambridge University Press: 05 March 2016
Book contents
- Frontmatter
- Dedication
- Contents
- Preface
- Table of cases
- Table of legislation
- 1 Introduction: concepts and methodology
- 2 The English system of government
- 3 The US system of government
- 4 The Australian system of government
- 5 The development and institutional structure of control regimes
- 6 Administrative interpretation
- 7 Administrative fact-finding and policy-making
- 8 Administrative rule-making
- 9 Administrative adjudication
- 10 Private law controls
- 11 Controlling information
- 12 The New PublicManagement
- 13 Controlling the controllers
- 14 Concluding reflections on methodology and themes
- Bibliography
- Index
- References
Summary
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- Information
- Controlling Administrative PowerAn Historical Comparison, pp. 521 - 565Publisher: Cambridge University PressPrint publication year: 2016
References
A Public Service Ombudsman: A Consultation (Cabinet Office, London, 2015)
, Keeping a Watchful Eye: The Politics of Congressional Oversight (Washington, DC: The Brookings Institution, 1990)
, and , Bureaucrats and Politicians in Western Democracies (Cambridge, MA: Harvard University Press, 1981)
, We The People I: Foundations (Cambridge, MA: Belknap Press, 1991)
, The Failure of the Founding Fathers: Jefferson, Marshall, and the Rise of Presidential Democracy (Cambridge, MA: Belknap Press, 2005)
, ‘Freedom of Information and Parliamentary Departments’ (2014) 73 Australian Journal of Public Administration67Google Scholar
. and , Congress and the Politics of Problem Solving (New York: Cambridge University Press, 2012)
, ‘The Idea of Proportionality in Dispute Resolution’ (2008) 30 Journal of Social Welfare and Family Law309Google Scholar
and , ‘On Extrajudicial Constitutional Interpretation’ (1997) 110 Harvard Law Review1359Google Scholar
, Law, Liberty and Justice: The Legal Foundations of British Constitutionalism (Oxford: Oxford University Press, 1993)
, Constitutional Justice: A Liberal Theory of the Rule of Law (Oxford: Oxford University Press, 2001)
, The Sovereignty of Law: Freedom, Constitution and the Common Law (Oxford: Oxford University Press, 2013)
, ‘The Commercialisation of Administrative Law’ in (ed.), Administrative Law and the Rule of Law: Still Part of the Same Package? (Canberra: Australian Institute of Administrative Law, 1999)
, Law in the Making, 2nd edn (Oxford: Clarendon Press, 1930)
, Bureaucracy Triumphant (London: Oxford University Press, 1931)
, Law and Orders: An Inquiry into the Nature and Scope of Delegated Legislation and Executive Powers in England (London: Stevens & Sons, 1947)
, ‘Reading Blackstone in the Twenty-First Century and the Twenty-First Century through Blackstone’ in (ed.), Re-interpreting Blackstone's Commentaries: A Seminal Text in National and International Contexts (Oxford: Hart Publishing, 2014)
, The English Historical Constitution: Continuity, Change and European Effects (Cambridge: Cambridge University Press, 2007)
, ‘Administrative Law for a New Century’ in (ed.), The Province of Administrative Law (Oxford: Hart Publishing, 1997)
, The Bill of Rights: Creation and Reconstruction (New Haven, CT: Yale University Press, 1998)
, America's Constitution: A Biography (New York: Random House, 2005)
, ‘Parliament’ in , , , , and , The Oxford History of the Laws of England, vol. XI, The Legal System (Oxford: Oxford University Press, 2010)
, ‘Public Law’ in , , , , and , The Oxford History of the Laws of England, vol. XI, The Legal System (Oxford: Oxford University Press, 2010)
and , ‘Dyadic Representation’ in , and (eds), The Oxford Handbook of the American Congress (Oxford: Oxford University Press, 2011)
, ‘Interpretive Rules, Policy Statements, Guidances, Manuals and the Like: Should Federal Agencies Use Them to Bind the Public?’ (1992) 41 Duke Law Journal1311Google Scholar
and , ‘Parliament's Role in Constitutional Interpretation’ (2014) 37 Melbourne University Law Review255Google Scholar
, Judicial Review of Commercial Regulation (Oxford: Oxford University Press, 2011)
, ‘Legislative Scrutiny in Australia: Wisdom to Export?’ (2011) 32 Statute Law Review116Google Scholar
, The Constitution of a Federal Commonwealth: The Making and Meaning of the Australian Constitution (Melbourne: Cambridge University Press, 2009)
, ‘A Public Lawyer's Responses to Privatisation and Outsourcing’ in (ed.), The Province of Administrative Law (Oxford: Hart Publishing, 1997)
, ‘Subordinate Legislation: Lively Scrutiny or Politics in Seclusion’ (2011) 26 Australasian Parliamentary Review4Google Scholar
and , Judicial Review of Administrative Action, 5th edn (Sydney: Lawbook Co., 2013)
and , Public Torts and Contracts (Sydney: Law Book Company, 1982)
, ‘Without the Law’: Administrative Justice and Legal Pluralism in Nineteenth-Century England (Toronto: University of Toronto Press, 1985)
, ‘15 Years of Whistleblowing Protection under the Public Interest Disclosure Act 1998: Are We Still Shooting the Messenger?’ (2015) Industrial Law Journal29Google Scholar
, ‘Delegated Legislation: United States and United Kingdom’ (1983) 3 Oxford Journal of Legal Studies253Google Scholar
and , Form and Substance in Anglo-American Law: A Comparative Study of Legal Reasoning, Legal Theory, and Legal Institutions (Oxford: Clarendon Press, 1987)
, ‘Freedom of Information: The Constitutional Impact’ in and , The Changing Constitution, 4th edn (Oxford: Oxford University Press, 2000)
, ‘The Freedom of Information Act 2000: A Sheep in Wolf's Clothing?’ in and (eds.), The Changing Constitution, 6th edn (Oxford: Oxford University Press, 2007)
, Platypus and Parliament: The Australian Senate in Theory and Practice (Canberra: Department of the Senate, 2003)
, The English Constitution (London: Fontana/Collins, 1963)
, and , ‘The Amorphous Relationship between Congress and the Courts’ in , and (eds.), The Oxford Handbook of the American Congress (Oxford: Oxford University Press, 2011)
, The Origins of American Politics (New York: Alfred A. Knopf, 1969)
, An Introduction to English Legal History, 4th edn (London: Butterworths LexisNexis, 2002)
, ‘“The Next Steps”: Ministerial Responsibility and Government by Agency’ (1988) 51 Modern Law Review622Google Scholar
, and , Understanding Regulation: Theory, Strategy, and Practice, 2nd edn (Oxford: Oxford University Press, 2012)
and , ‘Police Patrols and Fire Alarms: An Empirical Examination of the Legislative Preference for Oversight’ (2013) 40 Congress and the Presidency27Google Scholar
and , ‘The Rise of Prospective Henry VIII Clauses and Their Implications for Sovereignty’ [2003] Public Law 112Google Scholar
, ‘Political Responsibility for UK Prison Security: Ministers Escape Again’ (1998) 76 Public Administration1Google Scholar
, , and , The Law of Torts in Australia, 5th edn (Melbourne: Oxford University Press, 2012)
, Overruled?: Legislative Overrides, Pluralism, and Contemporary Court-Congress Relations (Stanford, CA: Stanford University Press, 2004)
, ‘Bringing the Courts Back In: Interbranch Perspectives on the Role of Courts in American Politics and Policy Making’ (2007) 10 Annual Review of Political Science25Google Scholar
, ‘Statutory Corporations and “The Crown”’ (2005) 28 University of New South Wales Law Journal186Google Scholar
, ‘Central Audit Institutions and Performance Auditing: A Comparative Study of Organizational Strategies in the OECD’ (1997) 10 Governance235Google Scholar
, ‘Legalistic Constitutionalism and Our Ineffective Government’ in and (eds.), The Fettered Presidency: Legal Constraints on the Executive Branch (Washington, DC: American Enterprise Institute, 1989)
, The Office of Justice of the Peace in England in its Origin and Development (New York: Burt Franklin, 1904)
, ‘Legislative Control of Administrative Rulemaking: Lessons from the British Experience?’ (1979) 12 Cornell International Law Journal199Google Scholar
, Our Wonderland of Bureaucracy: A Study of the Growth of Bureaucracy in the Federal Government, and its Destructive Effect upon the Constitution, rev edn (New York: Macmillan, 1933)
, ‘The False Claims Act and the English Eradication of Qui Tam Legislation’ (2000) 78 North Carolina Law Review541Google Scholar
, ‘The Reach of Administrative Law in the United States’ in (ed.), The Province of Administrative Law (Oxford: Hart Publishing, 1997)
, ‘Common Law and Statute Law in US Federal Administrative Law’ in , and (eds.), Administrative Law in a Changing State: Essays in Honour of Mark Aronson (Oxford: Hart Publishing, 2008)
, ‘End the Failed Chevron Experiment Now: How Chevron Has Failed and Why It Can and Should be Overruled’ (2010) 42 Connecticut Law Review779Google Scholar
, Bennion on Statutory Interpretation, 5th edn (London: LexisNexis, 2008)
and , ‘The Limits to Prime Ministerial Autonomy: Cameron and the Constraints of Coalition’ (2015) 68 Parliamentary Affairs25Google Scholar
and , ‘Assessing the Impact of Parliamentary Oversight Committees: The Select Committees in the British House of Commons’ (2013) 6 Parliamentary Affairs772Google Scholar
, ‘Standing to Sue in Public Actions: Is it a Constitutional Requirement?’ (1969) 78 Yale Law Journal816Google Scholar
, Executive Privilege: A Constitutional Myth (Cambridge, MA: Harvard University Press, 1974)
, ‘Congressional Will and the Role of the Executive in Bivens Actions: What is Special about Special Factors?’ (2011) 45 Indiana Law Review719Google Scholar
, Regulating Business by Independent Commission (Princeton, NJ: Princeton University Press, 1955)
, ‘Controlling Immigration Litigation: The Commonwealth Perspective’ (2010) 63 Australian Institute of Administrative Law Forum40Google Scholar
, ‘The Dynamics of Legislative Gridlock, 1947–96’ (1999) 93 American Political Science Review519Google Scholar
, Stalemate: Causes and Consequences of Legislative Gridlock (Washington DC: Brookings Institution Press, 2003)
, President and Congress (New York: Alfred A. Knopf, 1947)
, ‘Regulating the Regulators: Accountability of Australian Regulators’ (2011) 35 Melbourne University Law Review739Google Scholar
, Freedom of Information: The Law, the Practice and the Ideal, 4th edn (Cambridge: Cambridge University Press, 2010)
, ‘Regulating Information’ in and (eds.), The Changing Constitution, 7th edn (Oxford: Oxford University Press, 2011)
, and (eds.), Commercial Regulation and Judicial Review (Oxford: Hart Publishing, 1998)
and , ‘The Appointment of Ministers from Outside of Parliament’ (2012) 40 Federal Law Review253Google Scholar
, A Journey: My Political Life (New York: Alfred A. Knopf, 2010)
and , ‘P3s in North America: Renting the Money (in Canada), Selling the Roads (in the USA)’ in , and (eds.), International Handbook on Public-Private Partnerships (Cheltenham: Edward Elgar, 2010)
. (ed.), Joined-Up Government (Oxford: Oxford University Press, 2005)
, ‘The Notional Legislator: The Australian Securities and Investments Commission's Role as a Law-Maker’ (2011) 39 Federal Law Review1Google Scholar
and , ‘“Officers of the Commonwealth” in the Private Sector: Can the High Court Review Outsourced Exercises of Power?’ (2013) 36 University of New South Wales Law Journal316Google Scholar
, ‘Two Concepts of Accountability: Accountability as a Virtue and as a Mechanism’ (2010) 33 West European Politics946Google Scholar
and , ‘The Localism Act 2011 and the General Power of Competence’ [2014] Public Law 392Google Scholar
and , ‘Parliamentarism’ in and (eds.), The Oxford Handbook of Comparative Constitutional Law (Oxford: Oxford University Press, 2012)
and , ‘Presidential Signing Statements and Executive Power’ (2006) 23 Constitutional Commentary307Google Scholar
. and , Parliament and Congress (London: Quartet Books, 1973)
, ‘The Development of Parliament, 1215–1307’ in (ed.), A Short History of Parliament (Woodbridge: Boydell Press, 2009)
, ‘The Australian Senate and Responsible Government’ in , and , Restraining Elective Dictatorship: The Upper House Solution (Crawley: University of Western Australia Press, 2008)
, ‘Procedures as Politics in Administrative Law’ (2008) 108 Columbia Law Review Sidebar1Google Scholar
, The Sinews of Power: War, Money and the English State 1688–1783 (London: Unwin Hyman, 1989)
, ‘Judicial Review of Questions of Law and Policy’ (1986) 38 Administrative Law Review363Google Scholar
, , and , Administrative Law and Regulatory Policy: Problems, Text, and Cases, 6th edn (New York: Aspen, 2006)
, ‘Our Localism: Part I, The Structure of Local Government Law’ (1990) 90 Columbia Law Review1Google Scholar
, ‘Halfway House or Revolving Door: Corporatisation and Political Cycles in Western Democracy’ in (ed.), From Bureaucracy to Business Enterprise: Legal and Policy Issues in the Transformation of Government Services (Aldershot: Ashgate, 2003)
and , The Administrative Process in Britain, 2nd edn (London: Methuen & Co., 1979)
, and , ‘Reinventing Government in the American States: Measuring and Explaining Administrative Reform’ (1999) 59 Public Administration Review19Google Scholar
, Balance of Forces: Separation of Powers Law in the Administrative State (Durham, NC: Carolina Academic Press, 2006)
and , ‘The Prime Minister's and Cabinet Offices: An Executive Office in All But Name’ (1999) 52 Parliamentary Affairs32Google Scholar
, Lawyers, Lawsuits, and Legal Rights: The Battle over Litigation in American Society (Berkeley, CA: University of California Press, 2002)
and , ‘The Evolving Prime Minister's Office: 1868–1997’ in (ed.), Transforming British Government (Houndmills: Macmillan, 2000)
, ‘Party Systems and the Political Process’ in and (eds.), The American Party Systems: Stages of Political Development (New York: Oxford University Press, 1975)
, ‘Why These Three? The Significance of the Selection of Remedies in Section 75(v) of the Australian Constitution’ (2014) 42 Federal Law Review253Google Scholar
, and , Government and Capitalism: Public and Private Choice in Twentieth Century Australia (Sydney: George Allen & Unwin, 1982)
, An Historical Introduction to Western Constitutional Law (Cambridge: Cambridge University Press, 1995)
, ‘The Independent Central Personnel Agency: The Experience of the Commonwealth Public Service of Australia’ (1964) 42 Public Administration133Google Scholar
, ‘The Congressional Roots of Judicial Activism’ (2004) 20 Journal of Law and Policy577Google Scholar
, and , ‘Whistleblowing: Australian, UK, and US Approaches to Disclosure in the Public Interest’ (2004) 44 Virginia Journal of International Law879Google Scholar
, ‘The Presidential Veto’ in III and , The Oxford Handbook of the American Presidency (Oxford: Oxford University Press, 2009)
, ‘Standing, Representation, and the Environment’ in (ed.), A Special Relationship? American Influences on Public Law in the UK (Oxford: Clarendon Press, 1995)
, An Introduction to Administrative Law, 3rd edn (Oxford: Clarendon Press, 1996)
, ‘Review of Executive Action’ in and (eds.), The Oxford Handbook of Legal Studies (Oxford: Oxford University Press, 2003)
, Administrative Tribunals and Adjudication (Oxford: Hart Publishing, 2009)
, Administrative Law, 5th edn (Oxford: Oxford University Press, 2011)
, ‘Tort Law and Public Functions’ in (ed.), Philosophical Foundations of The Law of Torts (Oxford: Oxford University Press, 2014)
and , Principles of Administrative Law: Legal Regulation of Governance, 2nd edn (Melbourne: Oxford University Press, 2012)
, The Constitutional Systems of the Australian States and Territories (Melbourne: Cambridge University Press, 2006)
, ‘The Evolution of National Bureaucracy in the United States’ in and , The Executive Branch (Oxford: Oxford University Press, 2005)
, Delegated Legislation (Cambridge: Cambridge University Press, 1921)
, The Background of Administrative Law (Newark, NJ: Associated Lawyers Publishing Company, 1948)
, ‘An Essay in Separation of Powers: Some Early Versions and Practices’ (1989) 30 William and Mary Law Review211Google Scholar
, ‘Official Liability in America: Actors and Incentives’ in and (eds.), Governmental Liability: A Comparative Study (London: UK National Committee of Comparative Law, 1991)
, An Introduction to Australian Legal History (Sydney: The Law Book Company, 1971)
, ‘Colonial Courts and the Common Law’ in (ed.), Essays in the History of Early American Law (Chapel Hill, NC: University of North Carolina Press, 1969)
, ‘Party Development and the American Mainstream’ in and (eds.), The American Party Systems: Stages of Political Development (New York: Oxford University Press, 1975)
, The English Administrative System, 1780–1870 (Oxford: Clarendon Press, 1981)
, English Constitutional History, 3rd edn (London: Oxford University Press, 1965)
and , ‘The Whole-of-Government Approach to Public Sector Reform’ (2007) 67 Public Administration Review1059Google Scholar
, Human Rights in the Private Sphere (Oxford: Clarendon Press, 1993)
, ‘Separate Branches – Separate Politics: Judicial Enforcement of Congressional Intent’ (1995) 109 Political Science Quarterly843Google Scholar
, , , and , ‘Separated Powers in the United States: The Ideology of Agencies, Presidents, and Congress’ (2012) 56 American Journal of Political Science341Google Scholar
, and , ‘Influencing the Bureaucracy: The Irony of Congressional Oversight’ (2014) 58 American Journal of Political Science387Google Scholar
, and , Code of Practice on Access to Government Information (London: 1994)
, and , Code of Practice on Consultation (London: 2008)
, ‘Assessing Consensus: The Promise and Performance of Negotiated Rulemaking’ (1997) 46 Duke Law Journal1255Google Scholar
and , ‘Congressional Review of Agency Regulations’ (1997) 49 Administrative Law Review95Google Scholar
, ‘When Judges have Reasons Not to give Reasons: A Comparative Law Approach’ (2015) 72 Washington and Lee Law Review483Google Scholar
, Regulating Contracts (Oxford: Oxford University Press, 1999)
, By Order of the President: The Use and Abuse of Executive Direct Action (Lawrence, KS: University of Kansas Press, 2002)
and , ‘The Consolidation of the Early Federal System, 1791–1812’ in and (eds.), The Cambridge History of Law in America(New York: Cambridge University Press, 2008), vol. I
, ‘Legal Remedies Against the Crown and its Officers Before and After M’ in and (eds.), The Nature of the Crown: A Legal and Political Analysis (Oxford: Oxford University Press, 1999)
, ‘Government and People’ in , , , , and , The Oxford History of the Laws of England, vol. XI, The Legal System (Oxford: Oxford University Press, 2010)
, ‘Sources of Law’ in , , , , and , The Oxford History of the Laws of England, vol. XI, The Legal System (Oxford: Oxford University Press, 2010)
, Liberty Against Government: The Rise, Flowering and Decline of a Famous Juridical Concept (Baton Rouge, LA: Louisiana State University Press, 1948)
, ‘Wishing the Legislative Veto Back: A False Hope for Executive Flexibility’ in and (eds.), The Fettered Presidency: Legal Constraints on the Executive Branch (Washington, DC: American Enterprise Institute for Public Policy Research, 1989)
, Public Law and Democracy in the United Kingdom and the United States of America (Oxford: Clarendon Press, 1990)
, ‘Legislative Action by Subordinate Authorities and the Requirement of a Fair Hearing’ (1988) 16 Melbourne University Law Review569Google Scholar
and , Australian Courts of Law, 4th edn (Melbourne: Oxford University Press, 2004)
, ‘Shattering the Fragile Case for Judicial Review of Rulemaking’ (1999) 85 Virginia Law Review1243Google Scholar
, and , Statutory Interpretation, 3rd edn (London: Butterworths, 1995)
and , The Executive in the Constitution: Structure, Autonomy, and Internal Control (Oxford: Oxford University Press, 1999)
, The Faces of Justice and State Authority: A Comparative Approach to the Legal Process (New Haven, CT: Yale University Press, 1986)
and , ‘Accountability and Citizen Participation’ in , and (eds.) The Oxford Handbook of Public Accountability (Oxford: Oxford University Press, 2014)
and , ‘Deconstructing Independent Agencies (and Executive Agencies)’ (2013) 98 Cornell Law Review769Google Scholar
, Accountability: A Public Law Analysis of Government by Contract (Oxford: Oxford University Press, 2001)
, The Public Law of Government Contracts (Oxford: Oxford University Press, 2008)
, ‘Beyond New Public Management: Problems of Accountability in the Modern Administrative State’ in and (eds.), Accountability in the Contemporary Constitution (Oxford: Oxford University Press, 2013)
, ‘Judicialization of Administrative Law: The Trial-Type Hearing and the Changing Status of the Hearing Officer’ [1977] Duke Law Journal390Google Scholar
, ‘Remaking Constitutional Tradition at the Margin of Empire: The Creation of Legislative Adjudication in Colonial New York’ (1998) 16 Law and History Review257Google Scholar
, ‘The Constitutional Commitment to Legislative Adjudication in the Early American Tradition’ (1998) 111 Harvard Law Review1381Google Scholar
, ‘The Development of Administrative Law in England’ (1915) 31 Law Quarterly Review148Google Scholar
, An Introduction to the Study of the Law of the Constitution, 10th edn (London: Macmillan, 1959)
, ‘The Executive Office of the President: The Paradox of Politicization’ in and , The Executive Branch (Oxford: Oxford University Press, 2005)
, ‘Blackstone's Commentaries and the Origins of Modern Constitutionalism’ in (ed.), Re-interpreting Blackstone's Commentaries: A Seminal Text in National and International Contexts (Oxford: Hart Publishing, 2014)
, Jesting Pilate and Other Papers and Addresses (Melbourne: The Law Book Company, 1965)
, ‘The Common Law as an Ultimate Constitutional Foundation’ in , Jesting Pilot and Other Papers and Addresses (Melbourne: The Law Book Co, 1965)
, and , The Law of Torts, 2nd edn (St Paul, MN: West, 2011)
, ‘The Prime Ministerialisation of the British Prime Minister’ (2013) 66 Parliamentary Affairs617Google Scholar
, ‘The Executive: Towards Accountable Government and Effective Governance?’ in and (eds.), The Changing Constitution, 7th edn (Oxford: Oxford University Press, 2011)
(ed.), The New Select Committees, 2nd edn (Oxford: Oxford University Press, 1989)
and , The Civil Service Today, 2nd edn (Oxford: Basil Blackwell, 1988)
, ‘Parliamentary Scrutiny of the Australian Public Service’ in , and (eds.), New Accountabilities, New Challenges (Canberra: ANU Press, 2015)
, ‘The United Kingdom: Paradoxes of an Ungrounded Statism’ in (ed.), The Comparative History of Public Policy (Cambridge: Polity Press, 1898)
, The Future of Joined-up Services (London: 2020 Public Services Trust, 2010)
, ‘The Rise and Rise of Administrative Law: An Attorney-General's Perspective 1977–1983’ (2001) 8 Australian Journal of Administrative Law147Google Scholar
, Elements of Legislation (Cambridge: Cambridge University Press, 2013)
, The State Tradition in Western Europe: A Study of an Idea and Institution (Oxford: Martin Robertson, 1980)
and , ‘Reasoned Decisions and Legal Theory’ in (ed.), Common Law Theory (Cambridge: Cambridge University Press, 2007)
, ‘Judicial Review of Public Consultation Processes: A Safeguard Against Tokenism?’ (2013) 24 Public Law Review209Google Scholar
, ‘Public and Private Interests in Australian Administrative Law’ (2013) 36 University of New South Wales Law Journal202Google Scholar
, ‘Judicial Review of Delegated Legislation: Why Favour Substantive Review over Procedural Review?’ in , , and (eds.), Public Law Adjudication in Common Law Systems: Process and Substance (Oxford: Hart Publishing, 2016)
, Administrative Law: Rethinking Judicial Control of Bureaucracy (New Haven, CT: Yale University Press, 1990)
, ‘A Constitutional Right to Judicial Review: Access to Courts and Ouster Clauses in England and the United States’ (2009) 57 American Journal of Comparative Law67Google Scholar
and , ‘Introduction’ in and (eds.), Partisan Appointees and Public Servants: An International Analysis of the Role of Political Adviser (Cheltenham: Edward Elgar, 2010)
, The Nature of the Common Law (Cambridge, MA: Harvard University Press, 1988)
, ‘The Most Competent Branches: A Response to Professor Paulsen’ (1994) 83 Georgetown Law Journal347Google Scholar
, ‘Chevron Matters: How the Chevron Doctrine Redefined the Roles of Congress, Courts and Agencies in Environmental Law’ (2005) 16 Villanova Environmental Law Journal1Google Scholar
, ‘Beyond the European Convention: Human Rights and the Common Law’ (2015) 68 Current Legal Problems85Google Scholar
, Making Rights Real: Activists, Bureaucrats, and the Creation of the Legalistic State (Chicago, IL: University of Chicago Press, 2009)
and , Delegating Powers: A Transaction Cost Politics Approach to Policy Making under Separate Powers (Cambridge: Cambridge University Press, 1999)
, ‘Elite Supply “Blockages” and the Failure of National Bill of Rights Initiative in Australia: A Comparative Westminster Analysis’ (2008) 46 Commonwealth and Comparative Politics341Google Scholar
, ‘Postmaterialist Social Constituencies and Political Triggers: Explaining Bill of Rights Genesis in Internally Stable, Advanced Democracies’ (2009) 62 Political Science Quarterly798Google Scholar
, ‘Smoke but No Fire? The Politics of a “British” Bill of Rights’ (2010) 81 Political Quarterly188Google Scholar
, ‘The Rudd Government's Rejection of an Australian Bill of Rights: A Stunted Case of Aversive Constitutionalism?’ (2012) 65 Parliamentary Affairs359Google Scholar
, ‘Overriding Supreme Court Statutory Interpretation Decisions’ (1991) 101 Yale Law Journal331Google Scholar
, ‘All About Words: Early Understandings of the “Judicial Power” in Statutory Interpretation, 1776–1806’ (2001) 101 Columbia Law Review990Google Scholar
, ‘Vetogates and American Public Law’ (2015) 31 Journal of Law, Economics and Organization756Google Scholar
and , ‘The Continuum of Deference: Supreme Court Treatment of Statutory Interpretations from Chevron to Hamdan’ (2008) 96 Georgetown Law Journal1083Google Scholar
, ‘Pork Barrel Politics’ in , and (eds.), The Oxford Handbook of the American Congress (Oxford: Oxford University Press, 2011)
, ‘The Semi-Sovereign American Prince: The Dilemma of an Independent President in a Presidential System of Government’ in and , The Presidentialization of Politics: A Comparative Study of Modern Democracies (Oxford: Oxford University Press, 2005)
, Implementing the Constitution (Cambridge, MA: Harvard University Press, 2001)
, The Dynamic Constitution: An Introduction to American Constitutional Law and Practice, 2nd edn (New York: Cambridge University Press, 2013)
, and , Hart and Wechsler's The Federal Courts and the Federal System (Westbury, NY: Foundation Press, 1996)
, ‘Legislative Constitutionalism in a System of Judicial Supremacy’ in and , The Least Examined Branch: The Role of Legislatures in the Constitutional State (Cambridge: Cambridge University Press, 2006)
, The Litigation State: Public Regulation and Private Lawsuits in the US (Princeton, NJ: Princeton University Press, 2010)
, ‘Legislative-Executive Conflict and Private Statutory Litigation in the United States: Evidence from Labor, Civil Rights, and Environmental Law’ (2012) 37 Law and Social Inquiry657Google Scholar
and , ‘The United Kingdom’ in and , Partisan Appointees and Public Servants: An International Analysis of the Role of the Political Adviser (Cheltenham: Edward Elgar, 2010)
and , ‘The Political Division of Regulatory Labour: A Legal Theory of Agency Selection’ (2015) 35 Oxford Journal of Legal Studies153Google Scholar
, Congressional Control of Administrative Agencies (SSRN, 2015), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2304497
, ‘The Human Rights Act 1998 and Constitutional Principles’ (1999) 19 Legal Studies165Google Scholar
, ‘The Nature and Significance of “Constitutional” Legislation’ (2013) 129 Law Quarterly Review343Google Scholar
, The History of Government from the Earliest Times, vol. III, Empires, Monarchies and the Modern State (Oxford: Oxford University Press, 1997)
and , Federal Jurisdiction: Policy and Practice (Charlottesville, VA: The Michie Company, 1984)
and , ‘Constitutional Reform Since 1997: The Historian's Perspective’ in (ed.), The British Constitution: Continuity and Change, A Festschrift for Vernon Bogdanor (Oxford: Hart Publishing, 2013)
, Law and Government in Colonial Australia (Melbourne: Oxford University Press, 1987)
, ‘Claims Against the Government’ in Essays on Law and Government, vol. 2, The Citizen and the State in the Courts (North Ryde: LBC Information Services, 1996)
, ‘The Legislative Veto: Invalidated, It Survives’ (1993) Law and Contemporary Problems273Google Scholar
, The Politics of Shared Power: Congress and the Executive, 4th edn (College Station, TX: Texas A&M University Press, 1998)
, ‘Committee Controls of Agency Decisions’ (Washington, DC: Congressional Research Service, 2005)
, ‘ACOSS on the 20th Anniversary of the Commonwealth Ombudsman’ in Twenty Years of the Commonwealth Ombudsman, 1977–1997 (Canberra: Commonwealth Ombudsman's Office, 1997)
and , ‘Presidentialism’ in and (eds.), The Oxford Handbook of Comparative Constitutional Law (Oxford: Oxford University Press, 2012)
, Delegated Governance and the British State: Walking Without Order (Oxford: Oxford University Press, 2008)
, ‘Statutory Interpretation or Public Administration: How Chevron Misconceives the Functions of Agencies and Why it Matters’ (2007) 59 Administrative Law Review673Google Scholar
, Judicial Review Handbook, 5th edn (Oxford: Hart Publishing, 2008)
, Crisis and Legitimacy: The Administrative Process and American Government (London: Cambridge University Press, 1978)
, ‘Extending Public Law Norms Through Privatization’ (2003) 116 Harvard Law Review1285Google Scholar
and , ‘Agency Coordination in Shared Regulatory Space’ (2012) 125 Harvard Law Review1131Google Scholar
, Principles of Australian Administrative Law (Melbourne: Melbourne University Press, 1950)
, The Federal Administrative Agencies The Need for Better Definition of Standards (Cambridge, MA: Harvard University Press, 1962)
, ‘Foundations of Australian Federalism and the Role of Judicial Review’ (1987) 17 Federal Law Review161Google Scholar
, ‘The Underpinnings of Judicial Review of Administrative Action: Common Law or Constitution?’ (2000) 28 Federal Law Review303Google Scholar
, ‘Beyond the Text: A Vision of the Structure and Function of the Constitution’ (2009) 32 Australian Bar Review138Google Scholar
, ‘Impact of Migration Law on the Development of Australian Administrative Law’ (2010) 17 Australian Journal of Administrative Law92Google Scholar
, ‘The Master of Words: Who Chooses Statutory Meaning?’ in and (eds.), Public Law in the Age of Statutes: Essays in Honour of Dennis Pearce (Annandale: The Federation Press, 2015)
, Discretionary Powers: A Legal Study of Official Discretion (Oxford: Clarendon Press, 1986)
, Due Process and Fair Procedures: A Study of Administrative Procedures (Oxford: Clarendon Press, 1996)
, ‘What Do We Know about Government Secrecy?’ in (ed.), Government Secrecy in Democracies (New York: New York University Press, 1977)
, ‘Criminals in Uniform’ in , , , and (eds.), The Constitution of Criminal Law (Oxford: Oxford University Press, 2012)
, , and , The Politics of Judicial Independence in the UK's Changing Constitution (Cambridge: Cambridge University Press, 2015)
, When Americans Complain: Governmental Grievance Procedures (Cambridge, MA: Harvard University Press, 1966)
, and , ‘Are Parliamentary Systems Better?’ (2009) 42 Comparative Political Studies327Google Scholar
, When Courts and Congress Collide: The Struggle for Control of the American Judicial System (Ann Arbor, MI: University of Michigan Press, 2008)
, Delegation in the Regulatory State: Independent Regulatory Agencies in Western Europe (Cheltenham: Edward Elgar, 2008)
, ‘The House of Lords, 1307–1529’ in (ed.), A Short History of Parliament (Woodbridge: Boydell Press, 2009)
and , ‘The Separation of Powers and the Unity of the Common Law’ in , and (eds.), Historical Foundations of Australian Law, vol. I, Institutions, Concepts and Personalities (Sydney: The Federation Press, 2013)
, ‘Divided Justice? Judicial Structures in Federal and Confederal States’ (1995) 46 South Carolina Law Review819Google Scholar
, On Common Laws (Oxford: Oxford University Press, 2005)
, ‘The Structural Role of Private Enforcement Mechanisms in Public Law’ (2012) 53 William and Mary Law Review1137Google Scholar
and , ‘Statutory Interpretation from the Inside: An Empirical Study of Congressional Drafting, Delegation and Canons, Part I’ (2013) 65 Stanford Law Review901Google Scholar
, ‘Merit and its Merits in the Public Service: Are We Confusing the Baby with the Bathwater?’ (2011) 70 Australian Journal of Public Administration318Google Scholar
, ‘Tort Liability for Federal Government Actions in the United States: An Overview’ in , and , Tort Liability of Public Authorities in Comparative Perspective (London: BIICL, 2002)
and , Governing by Network: The New Shape of the Public Sector (Washington, DC: Brookings Institution Press, 2004)
, The Sovereignty of Parliament: History and Principle (Oxford: Clarendon Press, 1999)
, ‘Institutionalizing the Public Interest: The Defense of Deadlock and Beyond?’ (1996) 90 American Political Science Review331Google Scholar
, ‘Comparative Law and Legal History’ in and (eds.), The Oxford Handbook of Comparative Law (Oxford: Oxford University Press, 2006)
, Better to Serve the Public: Proposals to Restructure, Reform, Review and Reinvigorate Public Services Ombudsmen (October 2014), available at www.gov.uk/government/uploads/system/uploads/attachment_data/file/416656/Robert_Gordon_Review.pdf
, Fundamental Law in English Constitutional History (Oxford: Clarendon Press, 1955)
, ‘The Ascendancy of Legislation: Legal Problem Solving in Our Time’ (1984–85) 9 Dalhousie Law Journal228Google Scholar
. and , ‘The Agency Concept in North America: Failure, Adaptation and Incremental Change’ in and (eds.), Unbundled Government: A Critical Analysis of the Global Trend to Agencies, Quangos and Contractualisation (London: Routledge, 2004)
, ‘Law and the Origins of the American Revolution’ in and (eds.), The Cambridge History of Law in America (New York: Cambridge University Press, 2008), vol. I
, Transforming Central Government (Buckingham: Open University Press, 1994)
. and , ‘Parliamentary Select Committees and Public Management Reform in Australasia’ (2003) 106 Canberra Bulletin of Public Administration63Google Scholar
, ‘The United States of America’ in and , How Constitutions Change: A Comparative Study (Oxford: Hart Publishing, 2011)
and , ‘Judicial Federalism’ in and , The Australian Federal Judicial System (Melbourne: Melbourne University Press, 2000)
, The Unwieldy American State: Administrative Politics Since the New Deal (Cambridge: Cambridge University Press, 2012
, ‘Substantive Legitimate Expectations in Australian Administrative Law’ (2008) Melbourne University Law Review 470Google Scholar
, ‘The Constitution: Ultimate Foundation of Australian Law?’ (2005) 79 Australian Law Journal167Google Scholar
, ‘Inherently Governmental Functions and the New Millennium: The Legacy of Twentieth-Century Reform’ in and , Making Government Manageable: Executive Organization and Management in the Twenty-First Century (Baltimore, MD: Johns Hopkins University Press, 2004)
, Efficiency and Uplift: Scientific Management in the Progressive Era 1890–1920 (Chicago, IL: University of Chicago Press, 1964)
, ‘Elective Dictatorship’, The Listener, 21 October 1976, 496
(ed.), Oxford Companion to the Supreme Court of the United States, 2nd edn (New York: Oxford University Press, 2005)
, ‘The Australian Public Service: Redefining Boundaries’ in (ed.), Civil Service Systems in Anglo-American Countries (Cheltenham: Edward Elgar, 2003)
, ‘Anglo-American Systems: Easy Diffusion’ in , and (eds.), The Civil Service in the 21st Century (Houndmills: Palgrave Macmillan, 2007)
, ‘Reintegrating Government in Third Generation Reforms in Australia and New Zealand’ (2007) 22 Public Policy and Administration217Google Scholar
, and , Parliament in the Twenty-first Century: Institutional Reform and Emerging Roles (Melbourne: Melbourne University Press, 2007)
, ‘Parliament and Government: Striking the Balance’ in and , The House of Capital Hill: Parliament, Politics and Power in the National Capital (Sydney: The Federation Press, 1996)
, and , The Federalist Papers ( (ed.), Oxford: Oxford University Press, 2008)
Hansard Society Measured or Makeshift: Parliamentary Scrutiny of the European Union (London: Hansard Society, 2013)
, The Contracting State (Buckingham: Open University Press, 1992)
and , ‘Promoting Accountability in Multilevel Governance: A Network Approach’ (2007) 13 European Law Journal542Google Scholar
and , Law and Administration, 3rd edn (Cambridge: Cambridge University Press, 2009)
, ‘The House of Commons, 1707–1800’ in (ed.), A Short History of Parliament (Woodbridge: Boydell Press, 2009)
, The Concept of Law (Oxford: Clarendon Press, 1962)
, ‘President and Prime Minister: Convergence or Divergence?’ (1991) 44 Parliamentary Affairs208Google Scholar
and , An Introduction to the Law of Local Government and Administration (London: Butterworth & Co., 1934)
, ‘Assessing the Assessors: The Actual Performance of Negotiated Rulemaking’ (2000) 9 New York University Environmental Law Journal32Google Scholar
, ‘Freedom of Information in Australia, Canada and New Zealand’ (1989) 67 Public Administration189Google Scholar
, and , ‘Pre-Appointment Scrutiny Hearings in the British House of Commons: All Bark, or Some Bite?’ (2012) 18 Journal of Legislative Studies222Google Scholar
, and , The Impact of the Freedom of Information Act on Central Government in the UK: Does FOI Work? (Houndmills: Palgrave Macmillan, 2010)
and , The Politics of Coalition: How the Conservative-Liberal Democrat Government Works (Oxford: Hart Publishing, 2012)
, A Government of Strangers: Executive Politics in Washington (Washington, DC: The Brookings Institution, 1977)
, ‘Problems of the CAB and the Independent Regulatory Commissions’ (1960) 68 Yale LJ931Google Scholar
and , ‘The British Prime Minister: Much More Than “First Among Equals”?’ in and , The Presidentialization of Politics: A Comparative Study of Modern Democracies (Oxford: Oxford University Press, 2005)
, ‘The UK's Private Finance Initiative: History, Evaluation, Prospects’ in , and (eds.), International Handbook on Public-Private Partnerships (Cheltenham: Edward Elgar, 2010)
, Foundations of English Administrative Law: Certiorari and Mandamus in the Seventeenth Century (Cambridge, MA: Harvard University Press, 1963)
, ‘Magistrates, Common Law Lawyers, Legislators: The Three Legal Systems of British America’ in and (eds.), The Cambridge History of Law in America (New York: Cambridge University Press, 2008), vol. I
, ‘Review Article: Putting Polarization in Perspective’ (2009) 39 British Journal of Political Science413Google Scholar
, The New Despotism (London, Ernest Benn, 1929)
, ‘In Defense of Our Law of Sovereign Immunity’ (2001) 42 Boston College Law Review485Google Scholar
, ‘Private Law Actions Against the Government, Part 1: Removing the Government's Immunity from Suit in Federal Cases’ (2006) 30 Melbourne University Law Review716Google Scholar
, ‘Private Law Actions Against the Government, (Part 2: Two Unresolved Questions about Section 64 of the Judiciary Act’ (2006) 29(3) University of New South Wales Law Journal1Google Scholar
, ‘The Ombudsman Revisited: Thirty Years of Hawaiian Experience’ (2002) 62 Public Administration Review24Google Scholar
, ‘The Question of Case Selection in Comparative Constitutional Law’ (2005) 53 American Journal of Comparative Law125Google Scholar
and , ‘The Australian PPP Experience: Observations and Reflections’ in , and (eds.), International Handbook on Public-Private Partnerships (Cheltenham: Edward Elgar, 2010)
, Presidential Reorganization Authority: History, Recent Initiatives, and Options for Congress (Washington, DC: Congressional Research Service, 2012)
, and , ‘Agencies and Accountability’ in (ed.), Transforming British Government, vol. I, Changing Institutions (Houndmills: Macmillan, 2000)
, Essays in Law and History (Oxford: Clarendon Press, 1946)
, ‘Sir Francis Forbes and the Earliest Australian Public Law Cases’ (2004) 22 Law and History Review209Google Scholar
, ‘The Handling of Claims Against the Federal Government’ (1942) 9 Law and Contemporary Problems311Google Scholar
, , , and , Regulation Inside Government: Waste-Watchers, Quality Police and Sleaze-Busters (Oxford: Oxford University Press, 1999)
, The Political Economy of Public Administration: Institutional Choice in the Public Sector (Cambridge: Cambridge University Press, 1995)
, The Transformation of American Law, 1780–1860 (Cambridge, MA: Harvard University Press, 1977)
, ‘The History of the Public/Private Distinction’ (1982) 130 University of Pennsylvania Law Review1423Google Scholar
, Power Without Persuasion: The Politics of Direct Presidential Action (Princeton, NJ and Oxford: Princeton University Press, 2003)
and , ‘Voting for the President: The Supreme Court During War’ (2012) 30 Journal of Law, Economics, and Organization39Google Scholar
, ‘Who are “the People”?’, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2633349
and , Deliberate Discretion: The Institutional Foundations of Bureaucratic Autonomy (Cambridge: Cambridge University Press, 2002)
, ‘Common Law Systems’ in (ed.), Fundamentals of American Law (Oxford: Oxford University Press, 1996)
, ‘The Joint Committee on Human Rights’ in , and (eds.), Parliament and the Law (Oxford, Hart Publishing, 2013)
, Political Order in Changing Societies (New Haven, CT: Yale University Press, 1968)
, ‘Historical Research in Law’ in and (eds.), The Oxford Handbook of Legal Studies (Oxford: Oxford University Press, 2003)
, ‘Custom in Medieval Law’ in and , The Nature of Customary Law: Legal, Historical and Philosophic Perspectives (Cambridge: Cambridge University Press, 2007)
, Legislative Methods and Forms (London: Clarendon Press, 1901)
, ‘Making the Federal Commonwealth, 1890–1901’ in and (eds.), The Cambridge History of Australia, vol. I, Indigenous and Colonial Australia (New York: Cambridge University Press, 2013)
, The Chief: The Biography of Gordon Hewart, Lord Chief Justice of England 1922–1940 (London: George G. Harrap & Co., 1959)
, ‘Suing the Federal Government: Sovereignty, Immunity, and Judicial Independence’ (2003) 35 George Washington International Law Journal521Google Scholar
, ‘Suits Against Governments and Officers: Sovereign Immunity’ (1963) 27 Harvard Law Review1Google Scholar
and , ‘Judicial Review and the Rule of Law: Historical Origins’ (1956) 72 Law Quarterly Review345Google Scholar
, ‘Executive Agencies and Joined-Up Government in the UK’ in and (eds.), Unbundled Government: A Critical Analysis of the Global Trend to Agencies, Quangos and Contractualisation (London: Routledge, 2004)
and , ‘Making Rules about Rulemaking: A Comparison of Presidential and Parliamentary Systems’ (2011) 64 Political Research Quarterly656Google Scholar
, ‘From Deference to Restraint: Using the Chevron Framework to Evaluate Presidential Signing Statements’ (2007) 91 Minnesota Law Review1908Google Scholar
, ‘Functional Departmentalism and Nonjudicial Interpretation: Who Determines Constitutional Meaning?’ (2004) 67 Law and Contemporary Problems105Google Scholar
and , ‘The UK Parliament and Performance: Challenging or Challenged?’ (2007) 73 International Review of Administrative Sciences113Google Scholar
(ed.), A Short History of Parliament (Woodbridge: Boydell Press, 2009)
, ‘The Late Arrival of the Judicial Activism Debate in Australian Public Discourse’ (2013) 24 Public Law Review17Google Scholar
, The Parliamentary State (London: Sage Publications, 1993)
, Adversarial Legalism: The American Way of Law (Cambridge, MA: Harvard University Press, 2001)
, ‘Internal Separation of Powers: Checking Today's Most Dangerous Branch from Within’ (2006) 115 Yale Law Journal2314Google Scholar
, ‘The United States: Divided Government and Divided Parties’ in and (eds.), Party and Government: An Inquiry into the Relationship between Governments and Supporting Parties in Liberal Democracies (Houndmills: Macmillan, 1996)
, The Passing of Parliament (London: Ernest Benn, 1952)
, America's Three Regimes: A New Political History (New York: Oxford University Press, 2007)
, ‘Powers and Rights: Two Centuries of American Constitutionalism’ (1987) 74 Journal of American History675Google Scholar
, An Unruly Child: A History of Law in Australia (St Leonards: Allen and Unwin, 1995)
and , Rulemaking: How Government Agencies Write Law and Make Policy, 4th edn (Washington, DC: CQ Press, 2010)
, Sharing Power: Public Governance and Private Markets (Washington, DC: The Brookings Institution, 1993)
, The Global Public Management Revolution, 2nd edn (Washington, DC: Brookings Institution Press, 2005)
, ‘Managing Boundaries in American Administration: The Collaborative Imperative’ (2006) 66 Public Administration Review10Google Scholar
, ‘The Path of the Constitution: The Original System of Remedies, How it Changed, and How the Court Responded’ (2012) 87 New York University Law Review132Google Scholar
, ‘The Americanization of Blackstone's Commentaries’ in and (eds.), Essays on English Law and the American Experience (College Station, TX: Texas A&M University Press, 1994)
and , ‘Accountable Networks’ in , and (eds.), The Oxford Handbook of Public Accountability (Oxford: Oxford University Press, 2014)
and , ‘When Ambition Checks Ambition: Bureaucratic Trustees and the Separation of Powers’ (2008) 38 American Review of Public Administration387Google Scholar
, The Politics of Quasi-Government: Hybrid Organizations and the Dynamics of Bureaucratic Control (Cambridge: Cambridge University Press, 2003)
, ‘The Legislative Veto and the Limits of Public Choice Analysis’ (1995) Political Science Quarterly 873Google Scholar
, ‘Revealing Redundancy: The Tension Between Sovereign Immunity and Nonstatutory Review’ (2005) 54 Drake Law Review77Google Scholar
, ‘Legislative Delegation of Authority to Bureaucratic Agencies’ in (ed.), The Oxford Handbook of American Bureaucracy (Oxford: Oxford University Press, 2010)
and , ‘Comments on Proposed Amendments to Section 3 of the Administrative Procedure Act: The Freedom of Information Bill’ (1964–65) 40 Notre Dame Lawyer417Google Scholar
, ‘Federal Agency Ombuds: The Costs, Benefits, and Countenance of Confidentiality’ (2000) 52 Administrative Law Review17Google Scholar
and , ‘Divided Government and Congressional Investigations’ (2008) Legislative Studies Quarterly 295Google Scholar
and , ‘Why are the Truly Disadvantaged American, When the UK is Bad Enough? A Political Economy Analysis of Local Autonomy in Criminal Justice, Education, Residential Zoning’, SSRN, available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2264749
, The Administrative Process (New Haven, CT: Yale University Press, 1938)
, The Development of Local Government in New South Wales (Melbourne: FW Cheshire, 1961)
and , ‘Bipartisanship and Bicameralism in Australia's “War on Terror”: Forcing Limits on the Extension of Executive Power’ (2009) 15 Journal of Legislative Studies239Google Scholar
, ‘The Legal Structures of Responsible Government and Ministerial Responsibility’ (2011) 35 Melbourne Law Review1005Google Scholar
, ‘Three Strikes and it's Out? The UK Government's Strategy to Oust Judicial Review from Immigration and Asylum Decision-making’ [2004] Public Law 225Google Scholar
, ‘Parliamentary Accountability and the Judicial System’ in and (eds.), Accountability in the Contemporary Constitution (Oxford: Oxford University Press, 2013)
, ‘Determining Deference: Examining When Courts Should Defer to Agency Use of Presidential Signing Statements’ (2007) 59 Administrative Law Review869Google Scholar
, ‘The Origins of Judicial Control of Federal Executive Action’ (1948) 36 Georgetown Law Journal287Google Scholar
and , The Australian Judiciary, 2nd edn (Melbourne: Cambridge University Press, 2013)
, and , At the Centre of Whitehall: Advising the Prime Minister and Cabinet (Houndmills: Macmillan Press, 1998)
, ‘The Judicial Theory of a Reasonable Public Servant’ (2004) 64 Public Administration Review425Google Scholar
, Resolving Conflicts of Laws (Sydney: Federation Press, 2011)
, Authority to Decide: The Law of Jurisdiction in Australia (Sydney: Federation Press, 2013)
, Tribunals for Users: One System, One Service (London, 2001)
, ‘The Changing Nature of Local and Regional Democracy’ in and (eds.), The Changing Constitution, 7th edn (Oxford: Oxford University Press, 2011)
, ‘“Vacation” at Sea: Judicial Remedies and Equitable Discretion in Administrative Law’ (2003) 53 Duke Law Journal291Google Scholar
, Strengthening Parliament's Powers of Scrutiny? An Assessment of the Introduction of Public Bill Committees (London: The Constitution Unit, 2009)
, ‘Public Bill Committees, An Assessment: Scrutiny Sought; Scrutiny Gained’ (2010) 63 Parliamentary Affairs534Google Scholar
, ‘The Original Constitution as a Bill of Rights’ (1992) 9 Constitutional Commentary163Google Scholar
, Presidents and the Politics of Agency Design: Political Insulation in the United States Government Bureaucracy, 1946–1997 (Stanford, CA: Stanford University Press, 2003)
, ‘The Adverse Consequences of the Politics of Agency Design for Presidential Management in the United States: The Relative Durability of Insulated Agencies’ (2004) 34 British Journal of Political Science377Google Scholar
, The Politics of Presidential Appointments: Political Control and Bureaucratic Performance (Princeton, NJ and Oxford: Princeton University Press, 2008)
and , Sourcebook of United States Executive Agencies (Administrative Conference of the United States, 2012)
, ‘The Costs and Benefits of American Policy-Making Venues’ (2014) 48 Law and Society Review91Google Scholar
, Monitoring Government: Inspectors General and the Search for Accountability (Washington, DC: The Brookings Institution, 1993)
, Thickening Government: Federal Hierarchy and the Diffusion of Accountability (Washington, DC: The Brookings Institution, 1995)
, The True Size of Government (Washington, DC: The Brookings Institution, 1999)
, The Democratic Foundations of Policy Diffusion (New York: Oxford University Press, 2013)
, ‘Justice Thomas and the Originalist Turn in Administrative Law’ (2015) 125 Yale Law Journal Forum94Google Scholar
, ‘Restructuring of Central-Local Relations’ in and (eds.), The Changing Constitution, 4th edn (Oxford: Oxford University Press, 2000)
, and , The Emergence of the Australian Party System (Sydney: Hale & Iremonger, 1977)
, English Constitutional and Legal History: A Survey (New York: Oxford University Press, 1962)
, Legislative Deferrals: Statutory Ambiguity, Judicial Power, and American Democracy (Cambridge: Cambridge University Press, 2003)
, ‘Party, Policy, and Constitution in America’ in and (eds.), The American Party Systems: Stages of Political Development (New York: Oxford University Press, 1975)
LSE GV314 Group, ‘New Life at the Top: Special Advisers in British Government’ (2012) 65 Parliamentary Affairs715
, A Guide to Federal Agency Rulemaking, 4th edn (Chicago, IL: American Bar Association, 2006)
, ‘The Transformation of the US Rulemaking Process: For Better or Worse’ (2008) 43 Ohio Northern University Law Review469Google Scholar
, The Australian Form of Government (Melbourne: Macmillan, 1985)
, The Constitutions of the Australian States (St Lucia: University of Queensland Press, 1977)
, ‘Organizational Design and Political Control of Administrative Agencies’ (1992) 8 Journal of Law, Economics and Organization93Google Scholar
, American Scripture: Making the Declaration of Independence (New York: Alfred A. Knopf, 1998)
, The Constitutional History of England (Cambridge: Cambridge University Press, 1908)
, ‘The Limitations, if Any, on the Powers of Parliament to Delegate the Power to Legislate’ (1992) 66 Australian Law Journal247Google Scholar
, ‘Australia’ in and , Partisan Appointees and Public Servants: An International Analysis of the Role of the Political Adviser (Cheltenham: Edward Elgar, 2010)
, ‘Constitutional Structure and Judicial Deference to Agency Interpretations of Agency Rules’ (1996) 96 Columbia Law Review612Google Scholar
, ‘Due Process in England’ in and (eds.), Due Process (New York: New York University Press, 1977)
, ‘The Limits of Congress's Authority to Investigate the President’ (2004) 4 University of Illinois Law Review781Google Scholar
and , ‘Skirting Supremacy and Subordination: The Constitutional Authority of the United Kingdom Supreme Court’ [2013] Public Law 80Google Scholar
, ‘The Life Cycle of Regulatory Agencies: Dynamic Capture and Transaction Costs’ (1999) 66 Review of Economic Studies929Google Scholar
, ‘Management Consultancy’ in , Jr and , The Oxford Handbook of Public Management (Oxford: Oxford University Press, 2005)
, ‘The Management Side of Due Process: Some Theoretical and Litigation Notes on the Assurance of Accuracy, Fairness, and Timeliness in the Adjudication of Social Welfare Claims’ (1974) 59 Cornell Law Review772Google Scholar
, Due Process in the Administrative State (New Haven, CT: Yale University Press, 1985)
, ‘Explaining Administrative Process: Normative, Positive, and Critical Stories of Legal Development’ (1990) 6 Journal of Law, Economics and Organization267Google Scholar
, ‘Improving the Environment of Agency Rulemaking: An Essay on Management, Games and Accountability’ (1994) 57 Law and Contemporary Problems185Google Scholar
, Greed, Chaos and Governance: Using Public Choice to Improve Public Law (New Haven, CT: Yale University Press, 1997)
, ‘Small Things Like Reasons are Put in a Jar: Reason and Legitimacy in the Administrative State’ (2001) 70 Fordham Law Review17Google Scholar
, ‘Norms, Practices, and the Paradox of Deference: A Preliminary Inquiry into Agency Statutory Interpretation’ (2005) 57 Administrative Law Review501Google Scholar
, ‘Agency-Centered or Court-Centered Administrative Law? A Dialogue with Richard Pierce on Agency Statutory Interpretation’ (2007) 59 Administrative Law Review889Google Scholar
, Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law (New Haven, CT: Yale University Press, 2012)
, and , Administrative Law: The American Public Law System, Cases and Materials, 6th edn (St Paul, MN: West, 2003)
, Fundamentals of Federal Contract Law (New York: Quorum Books, 1991)
, The Separation of Powers in the Contemporary Constitution: Judicial Competence and Independence in the United Kingdom (Cambridge: Cambridge University Press, 2011)
, With the Stroke of a Pen: Executive Orders and Presidential Power (Princeton, NJ: Princeton University Press, 2001)
, Congress: The Electoral Connection, 2nd edn (with Foreword by D.R. Arnold) (New Haven, CT: Yale University Press, 2004)
, Buying Social Justice: Equality, Government Procurement and Legal Change (Oxford: Oxford University Press, 2007)
, and , ‘Administrative Procedures as Instruments of Political Control’ (1987) 3 Journal of Law, Economics and Organization243Google Scholar
, and , ‘Structure and Process, Politics and Policy: Administrative Arrangements and the Political Control of Agencies’ (1989) 75 Virginia Law Review431Google Scholar
and , ‘Congressional Oversight Overlooked: Police Patrols versus Fire Alarms’ (1984) 28 American Journal of Political Science165Google Scholar
, ‘Inadequacy of Justification as a Basis for Judicial Review in Australia: Process and Substance?’, paper delivered at Cambridge Public Law Conference, September 2014
, ‘Some Thoughts on “Deossifying” the Rulemaking Process’ (1992) 41 Duke Law Journal1385Google Scholar
, ‘Congressional Investigations: Historical Development’ (1951) 18 University of Chicago Law Review425Google Scholar
, Due Process of Law Under the Federal Constitution (Northport, Long Island, NY: Edward Thompson Co., 1906)
, ‘Collaborative Public Management: Assessing What We Know and How We Know It’ (2006) 66 Public Administration Review33Google Scholar
, The High Court of Parliament and Its Supremacy: An Historical Essay on the Boundaries Between Legislation and Adjudication in England (New Haven, CT: Yale University Press, 1910)
, ‘Crown in Contract and Administrative Law’ (2004) 24 Oxford Journal of Legal Studies129Google Scholar
, Searching for the State in British Legal Thought: Competing Conceptions of the Public Sphere (Cambridge: Cambridge University Press, 2012)
, A Constitutional History of Australia (Melbourne: Melbourne University Press, 1979)
, ‘Positive and Normative Models of Procedural Rights: An Integrative Approach to Administrative Procedures’ (1990) 6 Journal of Law, Economics and Organization307Google Scholar
, ‘The Political Origins of the Administrative Procedure Act’ (1999) 15 Journal of Law, Economics, and Organisation180Google Scholar
, ‘The Human Rights (Parliamentary Scrutiny) Act 2011 and the Courts’ (2014) 42 Federal Law Review1Google Scholar
and , ‘Bureaucracy in the Twenty-First Century’ in , Jr and (eds.), The Oxford Handbook of Public Management (Oxford: Oxford University Press, 2005)
, ‘Administrative Law and Bureaucratic Reality’ (1992) 44 Administrative Law Review245Google Scholar
, ‘The Courts, Jurisprudence, and the Executive Branch’ in and (eds.), The Executive Branch (Oxford: Oxford University Press, 2005)
, ‘Six Easy Ways to Increase Contractor Accountability’ in and (eds.), Government by Contract: Outsourcing and American Democracy (Cambridge, MA: Harvard University Press, 2009)
, ‘The Common Law Powers of Federal Courts’ (1985) 52 University of Chicago Law Review1Google Scholar
, ‘Public Contracts, Private Contracts, and the Transformation of the Constitutional Order’ (1987) 37 Case Western Reserve Law Review597Google Scholar
, ‘The Origins of American-style Judicial Review’ in and (eds.), Comparative Administrative Law (Cheltenham: Edward Elgar, 2010)
, ‘Article III, Agency Adjudication, and the Origins of the Appellate Review Model of Administrative Law’ (2011) 111 Columbia Law Review939Google Scholar
, ‘The Interdependent Relationship between Internal and External Separation of Powers’ (2009) 59 Emory Law Journal423Google Scholar
, ‘Ordinary Administrative Law as Constitutional Common Law’ (2010) 110 Columbia Law Review479Google Scholar
, ‘Rethinking the Constitutionality of Delegated Legislation’ (2003) 11 Australian Journal of Administrative Law45Google Scholar
, ‘The Functional Method of Comparative Law’ in and (eds.), The Oxford Handbook of Comparative Law (Oxford: Oxford University Press, 2006)
and , ‘Do Judges Make Regulatory Policy? An Empirical Investigation of Chevron’ (2006) 73 University of Chicago Law Review823Google Scholar
, ‘The Forest of Due Process of Law: The American Constitutional Tradition’ in and (eds.), Due Process (New York, CT: New York University Press, 1977)
, ‘The Competitive Model of Democracy’ in (ed.), Democratic Theory and Practice (Cambridge: Cambridge University Press, 1983)
Ministry of Justice, The Governance of Britain, Review of the Executive Royal Prerogative Powers: Final Report (2009)
, ‘The Emerging Federal Quasi Government: Issues of Management and Accountability’ (2001) 61 Public Administration Review, 290Google Scholar
, ‘Governance Principles: The Neglected Basis of Federal Management’ in and (eds.), Making Government Manageable: Executive Organization and Management in the Twenty-First Century (Baltimore, MD: Johns Hopkins University Press, 2004)
and , ‘The Institutional Foundations of Democratic Government: A Comparison of Presidential and Parliamentary Systems’ (1994) 150 Journal of Institutional and Theoretical Economics171Google Scholar
and , ‘The Presidential Power of Unilateral Action’ (1999) 15 Journal of Law, Economics and Organization132Google Scholar
, ‘Committee Inquiries in the Australian Parliament and their Influence on Government: Government Acceptance of Recommendations as a Measure of Parliamentary Performance’ (2012) 18 Journal of Legislative Studies137Google Scholar
, The British Regulatory State: High Modernism and Hyper-Innovation (Oxford: Oxford University Press, 2003)
, The American State from the Civil War to the New Deal: The Twilight of Constitutionalism and the Triumph of Progressivism (Cambridge: Cambridge University Press, 2013)
, The GAO: The Quest for Accountability in American Government (Boulder, CO: Westview Press, 1979)
and , ‘Public-Private Partnerships in the United States’ in (ed.), Public-Private Partnerships: Theory and Practice in International Perspective (London: Routledge, 2000)
, ‘Auditors-General: Cuckoos in the Managerialist Nest?’ (2001) 60(2) Australian Journal of Public Administration24Google Scholar
, ‘Public Accountability of Provider Agencies: The Case of the Australian “Centre-link”’ (2002) 68 International Review of Administrative Sciences45Google Scholar
, Holding Power to Account: Accountability in Modern Democracies (London: Palgrave Macmillan, 2003)
, ‘Government Accountability for Outsourced Services’ (2006) 65 Australian Journal of Public Administration48Google Scholar
, ‘The Accountability Priorities of Australian Parliamentarians’ (2008) 67 Australian Journal of Public Administration457Google Scholar
, ‘Accountability Deficits’ in , and (eds.), The Oxford Handbook of Public Accountability (Oxford: Oxford University Press, 2014)
, ‘Delegated and Sub-Delegated Legislation: Some Further Aspects’ (1943) 17 Australian Law Journal119Google Scholar
, ‘Process, Substance and the History of Error of Law Review’, paper delivered at the Cambridge Public Law Conference, September 2014
, How Courts Govern America (New Haven, CT: Yale University Press, 1981)
, The Roots of American Bureaucracy 1830–1900 (Cambridge, MA: Harvard University Press, 1982)
, Presidential Power and the Modern Presidents: The Politics of Leadership from Roosevelt to Reagan (New York: Free Press, 1990)
, ‘Negligence and Human Rights Law: The Case for Separate Development’ (2013) 76 Modern Law Review286Google Scholar
, ‘Sir William Blackstone and the New American Republic: A Study of Intellectual Impact’ (1976) 51 New York University Law Review731Google Scholar
Note, ‘Delegated National Security Legislation by the States’ (1942) 16 Australian Law Journal61
Note, ‘The Transition to Peace’ (1945) 19 Australian Law Journal101
Note, ‘Context-Sensitive Deference to Presidential Signing Statements’ (2006) 120 Harvard Law Review597
Note, ‘Developments in the Law: Presidential Authority’ (2012) 125 Harvard Law Review1057
, The People's Welfare: Law and Regulation in Nineteenth-Century America (Chapel Hill, NC and London: University of North Carolina Press, 1996)
, ‘Public-Private Governance: A Historical Introduction’ in and (eds.), Government by Contract: Outsourcing and American Democracy (Cambridge, MA: Harvard University Press, 2009)
, ‘Reflections on Preclusion of Judicial Review in England and the United States’ (1986) 27 William and Mary Law Review643Google Scholar
, Congressional Procedures and the Policy Process, 9th edn (Los Angeles, CA: Sage, 2014)
, Constitutional Reform in the UK (Oxford: Oxford University Press, 2003)
, ‘The United Kingdom’ in and , How Constitutions Change: A Comparative Study (Oxford: Hart Publishing, 2011)
and , Reinventing Government: How the Entrepreneurial Spirit is Transforming the Public Sector (Addison-Wesley Publishing Co, 1992)
, ‘Congressional Acquiescence to Presidentialism in the US “War on Terror”’ (2009) 15 Journal of Legislative Studies147Google Scholar
and , ‘Qualified Exceptionalism: The US Congress in Comparative Perspective’ (2006) 12 Journal of Legislative Studies258Google Scholar
, ‘Regulating the Regulator: A Lawyer's Perspective on Accountability and Control’ in and (eds.), Regulating Financial Services and Markets in the Twenty-First Century (Oxford: Hart Publishing, 2001)
, Political Authority and Bureaucratic Power: A Comparative Analysis (Brighton: Wheatsheaf Books, 1985)
, Governing by Numbers (Oxford: Hart Publishing, 2001)
, ‘The Civil Servant as Legislator: Law Making in British Administration’ (2003) 81 Public Administration651Google Scholar
, ‘Has the Whitehall Model Survived?’ (2010) 76 International Review of Administrative Sciences407Google Scholar
, Policy Without Politicians: Bureaucratic Influence in Comparative Perspective (Oxford: Oxford University Press, 2012)
, and , Policy Bureaucracy: Government with a Cast of Thousands (Oxford: Oxford University Press, 2005)
, King George III and the Politicians (Oxford: Oxford University Press, 1953)
, Constitutional Bureaucracy (London: George Allen & Unwin, 1969)
, Final Judgment: The Last Law Lords and the Supreme Court (Oxford: Hart Publishing, 2013)
, ‘The Most Dangerous Branch: Executive Power to Say What the Law Is’ (1994) 83 Georgetown Law Journal217Google Scholar
, ‘The House of Commons, 1307–1529’ in (ed.), A Short History of Parliament (Woodbridge: Boydell Press, 2009)
, ‘The House of Lords and the “Other House”, 1640–1660’ in (ed.), A Short History of Parliament (Woodbridge: Boydell Press, 2009)
, ‘The Commonwealth Ombudsman: The Right Office in the Wrong Place’ in and (eds.), The Kerr Vision of Australian Administrative Law: At the Twenty-Five Year Mark (Canberra: Australian Institute of Administrative Law, 1998)
, Administrative Appeals Tribunal, 3rd edn (Australia: LexisNexis Butterworths, 2013)
and , Delegated Legislation in Australia, 4th edn (Australia: LexisNexis Butterworths, 2012)
and , Statutory Interpretation in Australia, 7th edn (Australia: LexisNexis Butterworths, 2011)
, ‘The Failure of Managerial Reform in a Managerial Society: Public Sector Reform in the United States’ in , and (eds.), Paradoxes in Public Sector Reform: An International Comparison (Berlin: Duncker & Humblot, 2003)
, ‘Public Administration in the United States: Anglo-American, Just American, or Which American?’ in and (eds.), Tradition and Public Administration (Houndmills: Palgrave Macmillan, 2010)
, ‘The United States’ in and (eds.), Partisan Appointees and Public Servants: An International Analysis of the Role of the Political Adviser (Cheltenham: Edward Elgar, 2010)
, ‘Sovereign Immunity and the Right to Petition: Toward a First Amendment Right to Pursue Judicial Claims against the Government’ (1997) 91 Northwestern University Law Review899Google Scholar
, ‘Dysfunctional Politics in the United States: Origins and Consequences’, Australian Senate Occasional Lecture, 19 July 2013, available at www.aph.gov.au/About_Parliament/Senate/Public_Information_and_Events/occalect/transcripts/~/media/934FA1BF8C83424ABE86A95EB2D58351.ashx
, ‘Chevron and its Aftermath: Judicial Review of Agency Interpretations of Statutory Provisions’ (1988) 41 Vanderbilt Law Review301Google Scholar
, ‘How Agencies Should Give Meaning to the Statutes They Administer: A Response to Mashaw and Strauss’ (2007) 59 Administrative Law Review197Google Scholar
, and , Administrative Law and Process, 5th edn (New York: Foundation Press, 2009)
, ‘Institutional Formalism and Realism in Constitutional and Public Law’ [2014] Supreme Court Review 1Google Scholar
, Legislation of Edward I (Oxford: Clarendon Press, 1949)
, ‘Local Courts’ in , , , , and , The Oxford History of the Laws of England, vol. XI, The Legal System (Oxford: Oxford University Press, 2010)
, Managerialism and the Public Services: Cuts or Cultural Change in the 1990s, 2nd edn (Oxford: Blackwell, 1993)
and , Public Management Reform, A Comparative Analysis: New Public Management, Governance and the Neo-Weberian State, 3rd edn (Oxford: Oxford University Press, 2011)
, ‘Judicial Review at the Margins: Law, Power, and Prerogative’ (2010) 60 University of Toronto Law Journal81Google Scholar
, Administrative Law (London: Longmans, Green & Co., 1929)
, Bentham and the Common Law Tradition (Oxford: Clarendon Press, 1989)
, The Supreme Court and the American Elite, 1789–2008 (Cambridge, MA: Harvard University Press, 2009)
, The Audit Society: Rituals of Verification (Oxford: Oxford University Press, 1997)
, ‘The Theory of the Audit Explosion’ in , Jr and (eds.), The Oxford Handbook of Public Management (Oxford: Oxford University Press, 2005)
, ‘The Indirect Influence of Politics on Tort Liability of Public Authorities in English Law’ (2013) 47 Law and Society Review169Google Scholar
, Congress Versus the Supreme Court 1957–1960 (Minneapolis, MN: University of Minnesota Press, 1961)
, Nationalised Industries and Public Control (Oxford: Blackwell, 1986)
, The Regulatory Enterprise: Government, Regulation and Legitimacy (Oxford: Oxford University Press, 2010)
, The Economic Constitution (Oxford: Oxford University Press, 2014)
and , Commentaries on the Constitution of the Commonwealth of Australia (Sydney: Angus and Robertson, 1901)
, ‘The Secret Life of the Private Attorney General’ (1998) 61 Law and Contemporary Problems179Google Scholar
, ‘The Government Performance and Results Act and the Tradition of Federal Management Reform: Square Pegs in Round Holes?’ (2000) 10 Journal of Public Administration Research and Theory111Google Scholar
, ‘Confederation and Constitution’ in and (eds.), The Cambridge History of Law in America (New York: Cambridge University Press, 2008), vol. I
, ‘Strategic or Sincere? Analyzing Agency Use of Guidance Documents’ (2010) 119 Yale Law Journal782Google Scholar
and , ‘Chevron as a Canon, not a Precedent: An Empirical Study of What Motivates Justices in Agency Deference Cases’ (2010) 110 Columbia Law Review1727Google Scholar
and , ‘Adjudicatory Independence and the Values of Procedural Due Process’ (1986) 95 Yale Law Journal455Google Scholar
and , The History of Local Government in England, 2nd edn (London: Macmillan, 1970)
, ‘Measuring the Success of Bivens Litigation and its Consequences for the Individual Liability Model’ (2010) 62 Stanford Law Review809Google Scholar
and , ‘Asking the First Question: Reframing Bivens after Minneci’ (2013) 90 Washington University Law Review1471Google Scholar
and , Report of Committee on Ministers’ Powers (Cmd 4060, 1932)
and , Report of the Attorney-General's Committee on Administrative Procedure (Washington, 1941)
and , Report of the Commonwealth Administrative Review Committee (Parliamentary Paper No. 144 of 1971)
and , Report of the President's Committee on Administrative Management (Brownlow Committee) (Washington: US Government Printing Office, 1937)
and , Report of the Royal Commission on the Constitution (Canberra: Commonwealth Government Printer, 1929)
, ‘Old Institutionalisms’ in , and (eds.), The Oxford Handbook of Political Institutions (Oxford: Oxford University Press, 2006)
and , Governance and Public Policy in the United Kingdom (Oxford: Oxford University Press, 2002)
, ‘Performance-based Organizations: Assessing the Gore Plan’ (1997) 57 Public Administration Review465Google Scholar
, Public Secrets: A Study in the Development of Government Secrecy (London: Macmillan, 1982)
, ‘Access to Government Information: The American Experience’ (1983) 14 Federal Law Review35Google Scholar
, Justice and Administrative Law (London: Macmillan, 1928)
, ‘Administrative Law’ in (ed.), Law and Opinion in England in the 20th Century (London: Stevens & Sons, 1959)
and , ‘The “Reformation of Administrative Law” Revisited’ (2015) 31 Journal of Law, economics and Organization782Google Scholar
and , ‘Accountability in the Public Sector: Lessons from the Challenger Tragedy’ (1987) 47 Public Administration Review227Google Scholar
, ‘Giving Direction to Government in Comparative Perspective’ in and , The Executive Branch (Oxford: Oxford University Press, 2005)
, and , Due Process of Lawmaking: The United States, South Africa, Germany and the European Union (New York: Cambridge University Press, 2015)
, Congressional Review of Agency Rulemaking: An Update and Assessment of the Congressional Review Act after a Decade (Washington, DC: Congressional Research Service, 2008)
, The Critical Need for Effective Congressional Review of Agency Rules: Background and Considerations for Incremental Reform (Administrative Conference of the United States, 2012)
, ‘Public Administration and the Judiciary: The “New Partnership”’ (1987) 47 Public Administration Review75Google Scholar
, Building a Legislative-Centered Public Administration (Tuscaloosa, AL: University of Alabama Press, 2000)
, ‘Retrofitting the Administrative State to the Constitution: Congress and the Judiciary's Twentieth-Century Progress’ (2000) 60 Public Administration Review39Google Scholar
, and , Public Administration and Law, 3rd edn (Boca Raton, Fl: CRC Press, 2010)
, Secrecy and Publicity: Dilemmas of Democracy (Baltimore, MD: Johns Hopkins Press, 1961)
, ‘Reinterpreting “The Mason Court Revolution”: An Historical Institutionalist Account of Judge-Driven Constitutional Transformation in Australia’ (2015) 43 Federal Law Review1Google Scholar
, ‘The American Distortion of the Ombudsman Concept and its Influence in Canada’ (2007) 50 Canadian Public Administration42Google Scholar
, ‘It's Time to Make the Administrative Procedure Act Administrative’ (2003) 89 Cornell Law Review95Google Scholar
, ‘The Executive Branch and the Legislative Process’ in and (eds.), The Executive Branch (Oxford: Oxford University Press, 2005)
, ‘Narrowing of Judicial Review in the Migration Context’ (1997) 15 Australian Institute of Administrative Law Forum13Google Scholar
, ‘Engaging with the Enemy: The Parliamentary Participation of Party Leaders, 1945–2010’ (2014) 67 Parliamentary Affairs751Google Scholar
‘“Never Allow a Crisis Go to Waste”: The Wright Committee Reforms to Strengthen the House of Commons’ (2011) 64 Parliamentary Affairs612Google Scholar
and , Selective Influence: The Policy Impact of House of Commons Select Committees (London: The Constitution Unit, 2011)
, ‘Some Problems of Combining the British and American Elements in the Australian Constitution’ (1985) 23 Commonwealth and Comparative Politics67Google Scholar
, ‘The United Kingdom: Still a Single “Chain of Command”? The Hollowing Out of the “Westminster Model”’ in , and (eds.), Delegation and Accountability in Parliamentary Democracies (Oxford: Oxford University Press, 2003)
(ed.), The Tools of Government: A Guide to the New Governance (New York: Oxford University Press, 2002)
, ‘Historical Institutionalism’ in , and (eds.), The Oxford Handbook of Political Institutions (Oxford: Oxford University Press, 2006)
, The Constitution of Australia: A Contextual Analysis (Oxford: Hart Publishing, 2011)
, The Functions of the Medieval Parliament of England (London: Hambledon Press, 1988)
, ‘Bureaucracies: Some Contrasts in Systems’ (1964) 10 Indian Journal of Public Administration219Google Scholar
, ‘The Doctrine of Standing as an Essential Element of the Separation of Powers’ (1983) 17 Suffolk University Law Review881Google Scholar
, ‘The Idea of the Ministerial Department: Bentham, Mill and Bagehot’ (1957) 11 Australasian Journal of Politics and History60Google Scholar
, ‘Politics Through Law: Congressional Limitations on Executive Discretion’ in (ed.), Both Ends of the Avenue: The Presidency, the Executive Branch and Congress in the 1980s (Washington DC: American Enterprise Institute for Public Policy Research, 1983)
, ‘The Development of the Congressional Committee System’ in , and (eds.), The Oxford Handbook of the American Congress (Oxford: Oxford University Press, 2011)
, ‘Enlarging the Administrative Polity: Administrative Law and the Changing Definition of Pluralism, 1945–1970’ (2000) 53 Vanderbilt Law Review1389Google Scholar
, ‘Rulemaking's Promise: Administrative Law and Legal Culture in the 1960s and 1970s’ (2001) 53 Administrative Law Review1139Google Scholar
, Congress, The President and Policymaking: A Historical Analysis (Armonk, NY: M.E. Sharpe, 1994)
, Law and the Executive in Britain: A Comparative Study (New York: New York University Press, 1949)
, An Introduction to American Administrative Law, 2nd edn (London: Pitman, 1962)
, ‘The United States: The Doctrine of Executive Privilege’ in (ed.), Government Secrecy in Democracies (New York: New York University Press, 1977)
and , Legal Control of Government: Administrative Law in Britain and the United States (Oxford: Clarendon Press, 1972)
, The Creation of American Common Law, 1850–1880: Technology, Politics, and the Construction of Citizenship (Cambridge: Cambridge University Press, 2004)
, Suing Government: Citizen Remedies for Official Wrongs (New Haven, CT: Yale University Press, 1983)
and , ‘Reg Neg Redux: The Careeer of a Procedural Reform’ (2014) 15 Theoretical Inquiries in Law417Google Scholar
, ‘Private Regulation of the Public Sector: A Neglected Facet of Contemporary Governance’ (2002) 29 Journal of Law and Society56Google Scholar
, ‘Speaking Softly Without Big Sticks: Meta-Regulation and Public Sector Audit’ (2003) 25 Law and Policy203Google Scholar
, ‘Spontaneous Accountability’ in (ed.), Public Accountability: Designs, Dilemmas and Experiences (Cambridge: Cambridge University Press, 2006)
, ‘Regulatory Governance and the Challenge of Constitutionalism’ in , and (eds.), The Regulatory State: Constitutional Implications (Oxford: Oxford University Press, 2010)
, ‘The Procedural Due Process Approach to Administrative Discretion: The Courts’ Inverted Analysis’ (1986) 95 Yale Law Journal1017Google Scholar
, ‘The House of Commons, 1660–1707’ in (ed.), A Short History of Parliament (Woodbridge: Boydell Press, 2009)
, Government Contracts: Federal, State and Local, 5th edn (Sydney: Federation Press, 2013)
, ‘The Long Sleep’ in and (eds.), Tom Bingham and the Transformation of the Law: A Liber Amicorum (Oxford: Oxford University Press, 2009)
, ‘The Irrelevance of Politics for Arbitrary and Capricious Review’ (2012) 90 Washington University Law Review141Google Scholar
, ‘The Source and Nature of the Liability in Tort of Australian Governments’ [2002]Tort Law Review14Google Scholar
, Who Guards the Guardians? Judicial Control of Administration (Athens, GA: University of Georgia Press, 1988)
and , ‘Congress, the Supreme Court, and the Quiet Revolution in Administrative Law’ [1988] Duke Law Journal 819Google Scholar
and , ‘Heightened Scrutiny of the Fourth Branch: Separation of Powers and the Requirement of Adequate Reasons for Agency Decisions’ [1987] Duke Law Journal 387Google Scholar
and , ‘Eight Things Americans Can't Figure Out About Controlling Administrative Power’ (2009) 61 Administrative Law Review (Special Issue) 5Google Scholar
, ‘The Classical American Doctrine of “The Separation of Powers”’ (1934) 2 University of Chicago Law Review385Google Scholar
, ‘Fierce Compromise: The Administrative Procedure Act Emerges from New Deal Politics’ (1996) 90 Northwestern University Law Review1557Google Scholar
, ‘Rational Choice Institutionalism’ in , and (eds.), The Oxford Handbook of Political Institutions (Oxford: Oxford University Press, 2008)
, ‘The History of Claims against the United States: The Evolution from a Legislative toward a Judicial Model of Payment’ (1985) 45 Louisiana Law Review625Google Scholar
, Designing Judicial Review: Interest Groups, Congress and Communications Policy (Ann Arbor, MI: University of Michigan Press, 1997)
, ‘The Political Turn in American Administrative Law: Power, Rationality, and Reasons’ (2012) 61 Duke Law Journal1811Google Scholar
, Government by Decree: A Comparative Study of the History of the Ordinance in English and French Law (London: Stevens and Sons, 1950)
, ‘Protecting Rights from Within? Inspectors General and National Security Oversight’ (2013) 65 Stanford Law Review1027Google Scholar
, ‘Public-Private Partnerships and Hybridity’ in , and (eds.), The Oxford Handbook of Public Management (Oxford: Oxford University Press, 2005)
, Building a New American State: The Expansion of National Administrative Capacities 1877–1920 (Cambridge: Cambridge University Press, 1982)
, ‘The House of Lords, 1529–1629’ in (ed.), A Short History of Parliament (Woodbridge: Boydell Press, 2009)
, ‘Congress Opens the Courthouse Doors: Statutory Changes to Judicial Review under the Clean Air Act’ (2005) 58 Political Research Quarterly139Google Scholar
, ‘Prime Ministers, Ministers and Civil Servants in the Core Executive’ in (ed.), Transforming British Government, vol. I, Changing Institutions (Basingstoke: Macmillan, 2000)
, and , The American Congress, 8th edn (New York, Cambridge University Press, 2013)
, ‘The Duty to Inquire in Merits Review Tribunals’ (2010) 34 Melbourne University Law Review230Google Scholar
and , ‘Freedom of Information and Parliament: A Limited Accountability Tool for a Key Constituency?’ (2002) 100 Freedom of Information Review35Google Scholar
, ‘The Integrity Branch of Government’ in (ed.), Australian Institute of Administrative Law National Lecture Series on Administrative Law No. 2 (Canberra: Australian Institute of Administrative Law, 2004)
, ‘The Statutory Fiction of Judicial Review of Administrative Action’ in , , , and (eds.), Effective Judicial Review: A Cornerstone of Good Governance (Oxford: Oxford University Press, 2010)
, Legal Foundations of Tribunals in Nineteenth Century England (Cambridge: Cambridge University Press, 2006)
, The Federal Judicature: Chapter III of the Constitution, Commentary and Cases (Australia: LexisNexis Butterworths, 2010)
, ‘Exploring the Purposes of Section 75(v) of the Constitution’ (2011) 34 University of New South Wales Law Journal70Google Scholar
, ‘The Centralisation of Judicial Power Within the Australian Federal System’ (2014) 42 Federal Law Review357Google Scholar
, Zines's The High Court and the Constitution, 6th edn (Sydney: Federation Press, 2015)
, Law and Politics: The House of Lords as a Judicial Body, 1800–1976 (Chapel Hill, NC: University of North Carolina Press, 1978)
, The English Judges: Their Role in the Constitution (Oxford: Hart Publishing, 2002)
and , ‘The Australian Parliamentary Budget Office: Shedding Light on the Dark Arts of Budgeting’ (2013) 24 Public Law Review267Google Scholar
, ‘Formal and Functional Approaches to Separation-of-Powers: A Foolish Inconsistency?’ (1987) 72 Cornell Law Review488Google Scholar
, ‘When the Judge is Not the Primary Official with Responsibility to Read: Agency Interpretation and the Problem of Legislative History’ (1990) 66 Chicago-Kent Law Review321Google Scholar
, Administrative Justice in the United States, 2nd edn (Durham, NC: Carolina Academic Press, 2002)
, ‘Overseer or “The Decider”? The President in Administrative Law’ (2007) 75 George Washington Law Review696Google Scholar
, ‘Rule-making and the American Constitution’ in , and (eds.), The Regulatory State: Constitutional Implications (Oxford: Oxford University Press, 2010)
, ‘Deference is Too Confusing: Let's Call Them “Chevron Space” and “Skidmore Weight”’ (2012) 112 Columbia Law Review1143Google Scholar
, ‘Delegation and Accountability in Parliamentary Democracies’ (2000) 37 European Journal of Political Research261Google Scholar
, ‘Parliamentary Democracy and Delegation’ in , and (eds.), Delegation and Accountability in Parliamentary Democracies (Oxford: Oxford University Press, 2003)
, ‘A Brief History of the Judicial Review of Legislation under the Australian Constitution’ (2012) 40 Federal Law Review227Google Scholar
, ‘Specialists in British and Australian Government: A Study in Contrast’ (1963) 41 Public Administration357Google Scholar
, ‘The Relative Status of Specialists and Generalists: An Attempt at a Comparative Historical Explanation’ (1968) 46 Public Administration331Google Scholar
and (eds.), The Nature of the Crown: A Legal and Political Analysis (Oxford: Oxford University Press, 1999)
, ‘Political Economy, Administrative Law: A Comment’ (1990) 6 Journal of Law, Economics and Organization299Google Scholar
, ‘Beyond Marbury: The Executive's Power to Say What the Law Is’ (2006) 115 Yale Law Journal2580Google Scholar
, ‘The Office of Information and Regulatory Affairs: Myths and Realities’ (2013) 126 Harvard Law Review1838Google Scholar
, and , Judicial Review, 4th edn (Lexis Nexis UK, 2010)
and , ‘Seasonal Cycles in Public Management: Disaggregation and Re-aggregation’ (2007) 27 Public Money and Management53Google Scholar
, ‘Review of Administrative Law Judge Decisions by Political Appointees of NLRB 1991–2006’ (2013) 23 Journal of Public Administration Research and Theory551Google Scholar
, The Unusual Remedy of Remand Without Vacatur (Administrative Conference of the United States, 2014)
, Secrecy and Openness: The Federal Government from Menzies to Whitlam and Beyond (Melbourne: Melbourne University Press, 2000)
and , ‘The Performance Paradox in the Public Sector’ (2002) 25 Public Performance and Management Review267Google Scholar
, The House of Commons in the Eighteenth Century (Oxford: Clarendon Press, 1971)
, ‘United Kingdom: The Prime Minister and Parliament’ (2004) 10 Journal of Legislative Studies4Google Scholar
, ‘Parliament Scrutiny of Government Performance in Australia’ (2009) 68 Australian Journal of Public Administration373Google Scholar
, The British Philosophy of Administration: A Comparison of British and American Ideas 1900–1939 (London: Longman, 1978)
, Restoring Responsibility: Ethics in Government, Business, and Healthcare (Cambridge: Cambridge University Press, 2005)
and , ‘Caught in the Act: The Smoking Gun View of Ministerial Responsibility’ (1999) 58(1) Australian Journal of Public Administration48Google Scholar
, ‘The Clinton Reforms and the Administrative Ascendancy of Congress’ (2001) 31 American Review of Public Administration249Google Scholar
, A Sociology of Constitutions: Constitutions and State Legitimacy in Historical-Sociological Perspective (Cambridge: Cambridge University Press, 2011)
and , ‘A Theory of Federal Common Law’ (2006) 100 Northwestern University Law Review585Google Scholar
, Public Law (Oxford: Oxford University Press, 2003)
and , ‘The Psychological Foundations of Culture’ in , and (eds.), The Adapted Mind: Evolutionary Psychology and the Generation of Culture (New York: Oxford University Press, 1992)
, Veto Players: How Political Institutions Work (New York: Russell Sage Foundation, 2002)
and , British Government and the Constitution, 6th edn (Cambridge: Cambridge University Press, 2007)
, Taking the Constitution Away from the Courts (Princeton, NJ: Princeton University Press, 1999)
, The Constitution of the United States of America: A Contextual Analysis, 2nd edn (Oxford: Hart Publishing, 2015)
, Karl Llewellyn and the Realist Movement (London: Weidenfeld & Nicolson, 1985)
, ‘Reflections on Law in Context’ in and (eds.), Essays for Patrick Atiyah (Oxford: Clarendon Press, 1991)
, The Chameleon Crown: The Queen and Her Australian Governors (Sydney: Federation Press, 2006)
, The Australia Acts 1986: Australia's Statutes of Independence (Sydney: Federation Press, 2010)
, Why People Obey the Law (Princeton, NJ: Princeton University Press, 2006)
United States Government Accountability Office, Report to Congressional Committees, Inspectors General: Reporting on Independence, Effectiveness, and Expertise (GAO-11–770, September 2011)
and , ‘Comparative Legislative Behavior’ in , and (eds.), The Oxford Handbook of Political Institutions (Oxford: Oxford University Press, 2006)
, ‘Public Law Limitations on Privatization of Government Functions’ (2006) 84 North Carolina Law Review297Google Scholar
, Outsourcing Sovereignty: Why Privatization of Government Functions Threatens Democracy and What We Can Do About It (Cambridge: Cambridge University Press, 2007)
, Deference and Due Process (2015), available at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2611149
, The Rise of the Unelected: Democracy and the New Separation of Powers (Cambridge: Cambridge University Press, 2007)
, ‘Presidential and Parliamentary Systems’ in (ed.), The Prospect for Presidential-Congressional Government (Berkeley, CA: Institute of Governmental Studies, 1977)
, Constitutionalism and the Separation of Powers, 2nd edn (Indianapolis, IN: Liberty Fund, 1998)
, The New Public Contracting: Regulation, Responsiveness and Relationality (Oxford: Oxford University Press, 2006)
, National Styles of Regulation: Environmental Policy in Great Britain and the United States (Ithaca, NYCornell University Press, 1986)
, Towards Administrative Justice (Ann Arbor, MI: University of Michigan Press, 1963)
, ‘The Slumbering Sovereign: Sir Owen Dixon's Common Law Constitution Revisited’ (2001) 29 Federal Law Review57Google Scholar
, ‘Separation of Powers in Thought and Practice’ (2013) 54 Boston College Law Review433Google Scholar
, Inspectors General: Enhancing Federal Accountability, Testimony Before Subcommittee on Government Efficiency and Financial Management, Committee on Government Reform, House of Representatives (United States General Accounting Office, 8 October 2003)
and , An Evaluation of Pre-Appointment Scrutiny Hearings (London: The Constitution Unit, 2010)
, ‘New Zealand's Westminster Trajectory: Archetypal Transplant to Maverick Outlier’ in , and (eds.), Westminster Legacies: Democracy and Responsible Government in Asia, Australasia and the Pacific (Sydney: University of New South Wales Press, 2005)
, and , From Accounting to Accountability: A Centenary History of the Australian National Audit Office (Crows Nest: Allen & Unwin, 2001)
, Administrative Law in the Political System, 5th edn (Boulder, CO: Westview Press, 2011)
, The State as a Party Litigant (Baltimore, MD: Johns Hopkins Press, 1927)
, ‘Proposing a Place for Politics in Arbitrary and Capricious Review’ (2009) 119 Yale Law Journal2Google Scholar
, ‘The Supermajority Senate’ in , and (eds.), The Oxford Handbook of the American Congress (Oxford: Oxford University Press, 2011)
, ‘The Use and Enforcement of Soft Law by Australian Public Authorities’ (2014) 42 Federal Law Review181Google Scholar
, ‘Note: In the Wake of Whitewater: Executive Privilege and the Institutionalized Conflict Element of Separation of Powers’ (1996) 12 Journal of Law and Politics775Google Scholar
, ‘What Comparativism Tells Us About Originalism’ (2013) 11 International Journal of Comparative Law842Google Scholar
, ‘Inside the Black Box: The Development of Proposed Rules and the Limits of Procedural Controls’ (2009) 41 Administration and Society576Google Scholar
and , ‘Who Shapes the Rulemaking Agenda? Implications for Bureaucratic Responsiveness and Bureaucratic Control’ (2013) 23 Journal of Public Administration Research and Theory495Google Scholar
, ‘Corporations and Corporatisation: An Administrative History Perspective’ (1995) 6 Public Law Review7Google Scholar
, ‘The Rising Popularity of the Government-Owned Company in Australia: Problems and Issues’ (1998) 18 Public Administration and Development243Google Scholar
, ‘Non-Departmental Public Bodies’ in and (eds.), Howard's Second and Third Governments (Sydney: UNSW Press, 2005)
, ‘Non-Departmental Public Bodies Under the Howard Governments’ (2007) 66 Australian Journal of Public Administration62Google Scholar
, ‘Non-Departmental Public Bodies as a Focus for Machinery-of-Government Change’ in and (eds.), Howard's Fourth Government (Sydney: UNSW Press, 2008)
, ‘Continuity and Change in the Outer Public Service’ in and (eds.), The Rudd Government: Australian Commonwealth Administration 2007–10 (Canberra: ANU E Press, 2010)
, ‘Original Intent and the Doctrine of Separation of Powers in Australia’ (1996) 7 Public Law Review96Google Scholar
, ‘The Doctrine of Separation of Powers and Constitutionally Entrenched Due Process in Australia’ (1997) 23 Monash University Law Review248Google Scholar
and , Audit, Accountability and Government (Oxford: Clarendon Press, 1999)
White Paper, Open Government (London, 1993)
White Paper, Your Right to Know: The Government's Proposals for a Freedom of Information Act (London, 1997)
, Political Foundations of Judicial Supremacy: The Presidency, the Court, and Constitutional Leadership in US History (Princeton, NJ: Princeton University Press, 2007)
, ‘The Origin of the United States Court of Claims’ (1968) 20 Administrative law Review387Google Scholar
, ‘Deference on Relevance and Purpose? Wrestling with the Law/Discretion Divide’ in and (eds.), The Scope and Intensity of Substantive Review: Traversing Taggart's Rainbow (Oxford: Hart Publishing, 2015)
, ‘Boardization and Corporate Governance in the UK as a Response to Depoliticization and Failing Accountability’ (2007) 22 Public Policy and Administration443Google Scholar
, The Parliamentary Powers of English Government Departments (Cambridge, MA: Harvard University Press, 1933)
, ‘Ministries and Boards: Some Aspects of Administrative Development Since 1832’ (1955) 33 Public Administration43Google Scholar
, Bureaucracy: What Government Agencies Do and Why They Do It (Basic Books, 1989)
, ‘Agency Theory and the Bureaucracy’ in (ed.), The Oxford Handbook of American Bureaucracy (Oxford: Oxford University Press, 2010)
. and , ‘The Dynamics of Political Control of the Bureaucracy’ (1991) 85 American Political Science Review801Google Scholar
, , , and , De Smith's Judicial Review, 7th edn (London: Sweet & Maxwell, 2013)
, ‘Patterns of Official Immunity and Accountability’ (1987) 37 Case Western Reserve Law Review396Google Scholar
, The Dynamics of Bureaucracy in the US Government: How Congress and Federal Agencies Process Information and Solve Problems (Cambridge: Cambridge University Press, 2015)
, ‘A Powerful Weapon in the Right Hands? How Members of Parliament have Used Freedom of Information in the UK’ (2014) 67 Parliamentary Affairs783Google Scholar
and , Administrative Tribunals (London: George Allen & Unwin Ltd, 1973)
and , ‘Administrative Procedures and Bureaucratic Performance: Is Federal Rule-making “Ossified”?’ (2009) 20 Journal of Public Administration Research and Theory261Google Scholar
and , ‘Divided Government and US Federal Rulemaking’ (2009) 3 Regulation and Governance128Google Scholar
and , ‘Testing the Ossification Thesis: An Empirical Investigation of Federal Regulatory Volume and Speed, 1950–1990’ (2012) George Washington Law Review1414
, ‘The Politics of Ex Parte Lobbying: Pre-Proposal Agenda Building and Blocking during Agency Rulemaking’ (2011) 22 Journal of Public Administration Research and Theory373Google Scholar
, ‘The Presidency and the Judiciary’ in (ed.), The Presidency and the Political System, 9th edn (Washington, DC: CQ Press, 2009)
and , Putting Goats Amongst the Wolves: Appointing Ministers from Outside Parliament (London: The Constitution Unit, UCL, 2011)
and , Special Adviser: Who They Are, What They Do and Why They Matter (Oxford: Hart Publishing, 2014)
, and , ‘The Unitary Executive in the Modern Era, 1945–2004’ (2005) 90 Iowa Law Review601Google Scholar
, ‘Who Measures the Chancellors Foot? The Inherent and Remedial Authority of the Federal Courts’ (1996) 84 California Law Review1121Google Scholar
, ‘Taming the Most Dangerous Branch: The Scope and Accountability of Executive Power in the United States’ in and (eds.), The Executive and Public Law: Power and Accountability in Comparative Perspective (Oxford: Oxford University Press, 2006)
, Looking for Rights in All the Wrong Places (Princeton, NJ: Princeton University Press, 2013)
, New Managerialism: Administrative Reform in Whitehall and Canberra (Buckingham: Open University Press, 1994)
, ‘The Common Law in Australia: Its Nature and Constitutional Significance’ (2004) 32 Federal Law Review337Google Scholar