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This book examines Max Weber's understanding of bureaucracy by applying his ideas to the development of officialdom from the ninth century to the present in six territories: England, Sweden, France, Germany, Spain, and Hungary. Edward Page takes a broad view of bureaucracy that includes not only officials in important central or national institutions but also those providing goods and services locally. The 'scorecard' is based on expected developments in four key areas of Weber's analysis: the functional differentiation of tasks within government, professionalism, formalism, and monocracy. After discussing the character of officialdom in the ninth, twelfth, fifteenth, eighteenth, and twenty-first centuries, the book reveals that Weber's scorecard has a mixed record, especially weak in its account of the development of monocracy and formalism. A final chapter discusses alternative conceptions of bureaucratic development and sets out an account based on understanding processes of routinization, institutional integration, and the instrumentalization of law.
This collection presents a comparative analysis of the principle of effective legal protection in administrative law in Europe. It examines how European states consider and enforce the related requirements in their domestic administrative law. The book is divided into three parts: the first comprises a theoretical introductory chapter along with perspectives from International and European Law; part two presents 15 individual country reports on the principle of effective legal protection in mostly EU member states. The core function of the reports is to provide an analysis of the domestic instruments and procedures. Adopting a contextual approach, they consider the historical, political and ...
This book is the first to undertake a detailed historical and legal examination of presidential power and the theory of the unitary executive. This theory--that the Constitution gives the president the power to remove and control all policy-making subordinates in the executive branch--has been the subject of heated debate since the Reagan years. To determine whether the Constitution creates a strongly unitary executive, Steven G. Calabresi and Christopher S. Yoo look at the actual practice of all forty-three presidential administrations, from George Washington to George W. Bush. They argue that all presidents have been committed proponents of the theory of the unitary executive, and they explore the meaning and implications of this finding.
Examines the history of celebrations of Mexican Independence Day on September 15. Describes historic celebrations in different parts of the country including Mexico City, San Luis Potosi, San Angel, and Puebla.
This publication brings together the texts adopted by the Standing Committee of the Congress of Local and Regional Authorities of the Council of Europe. The Congress, a consultative body of the Council of Europe, is made up of two chambers: one representing local authorities, the other the regions. Its aim is to reinforce democratic structures at local and regional level, and in particular to help the newly-emerging democracies in central and eastern Europe. The Congress adopts three different types of texts: recommendations, opinions and resolutions. Recommendations are proposals to the Committee of Ministers, and their application is left up to each member government. Sometimes they are al...
At its core, administrative law is a process-driven course. Nevertheless, traditional casebooks are organized around legal concepts and doctrines rather than the basic stages of administrative decision-making. This casebook improves on the traditional model by following the major steps in the administrative process, thereby providing students with ample grounding in the law and practice governing it. In addition to featuring seminal administrative law decisions, Administrative Law:A Lifecycle Approachincorporates a variety of agency-oriented materials—government reports, charts, diagrams, orders—that give students a fuller sense of how the administrative state’s organization and operat...
A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judiciali...
The Harvard Law Review is offered in a digital edition, featuring active Contents, linked notes, and proper ebook formatting. The contents of Issue 3, January 2013, include: • Article, “Politicians as Fiduciaries,” by D. Theodore Rave • Book Review, “Is Copyright Reform Possible?” by Pamela Samuelson • Note, “The SEC Is Not an Independent Agency” In addition, student research explores Recent Cases on the Fourth Amendment implications of “pinging” a GPS signal on a cellphone, the First Amendment and mandatory tobacco graphic warnings, the First Amendment and police impersonation statutes, whether software method claims are patent ineligible, and other research.
This book explores the extent to which the EU, and its Member States, are responsible for violations of international law.