Bureaucrats as Law-makers

Bureaucrats as Law-makers PDF Author: Frank M. Häge
Publisher: Routledge
ISBN: 0415689678
Category : Law
Languages : en
Pages : 242

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Book Description
The Council of Ministers is one of the most powerful institutions of the European Union (EU) and plays a major role in the European policy-making process. Drawing on formal theory and combining quantitative and qualitative methods in an innovative fashion, this book provides novel insights into the role of national bureaucrats in legislative decision-making of the Council of the EU. The book examines and describes the Council of Ministers' committee system and its internal decision-making process. Relying on a wide quantitative dataset as well as six detailed case studies in the policy areas of Agriculture, Environment, and Taxation, it provides a comprehensive and systematic assessment of the extent to which national bureaucrats act as law-makers in the Council. It also examines the degree to which theories on collective decision-making, delegation, and international socialization can account for variation in the involvement of bureaucrats. Investigating how often and why national officials in working parties and committees, rather than ministers, make legislative decisions in the EU, this book addresses the implications of bureaucratic influence for the democratic legitimacy of Council decision-making. The author finds that ministers play a generally more important role in legislative decision-making than often assumed, alleviating, to some extent, concerns about the democratic legitimacy of Council decisions. Bureaucrats as Law-Makers will be of interest to students, scholars and practitioners in the field of European Union politics and policy-making, legislative decision-making, intergovernmental negotiations and international socialization.

American Bureaucracy

American Bureaucracy PDF Author: Glen O. Robinson
Publisher: University of Michigan Press
ISBN: 9780472102433
Category : Business & Economics
Languages : en
Pages : 264

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Book Description
A critical synthesis of social theory about government, bureaucracy, and law

Street-Level Bureaucracy

Street-Level Bureaucracy PDF Author: Michael Lipsky
Publisher: Russell Sage Foundation
ISBN: 1610443624
Category : Political Science
Languages : en
Pages : 263

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Book Description
Street-Level Bureaucracy is an insightful study of how public service workers, in effect, function as policy decision makers, as they wield their considerable discretion in the day-to-day implementation of public programs.

Power Without Responsibility

Power Without Responsibility PDF Author: David Schoenbrod
Publisher: Yale University Press
ISBN: 0300159595
Category : Political Science
Languages : en
Pages : 374

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Book Description
This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending. David Schoenbrod shows that Congress and the president, instead of making the laws that govern us, generally give bureaucrats the power to make laws through agency regulations. Our elected "lawmakers" then take credit for proclaiming popular but inconsistent statutory goals and later blame the inevitable burdens and disappointments on the unelected bureaucrats. The 1970 Clean Air Act, for example, gave the Environmental Protection Agency the impossible task of making law that would satisfy both industry and environmentalists. Delegation allows Congress and the president to wield power by pressuring agency lawmakers in private, but shed responsibility by avoiding the need to personally support or oppose the laws, as they must in enacting laws themselves. Schoenbrod draws on his experience as an attorney with the Natural Resources Defense Council and on studies of how delegation actually works to show that this practice produces a regulatory system so cumbersome that it cannot provide the protection that people need, so large that it needlessly stifles the economy, and so complex that it keeps the voters from knowing whom to hold accountable for the consequences. Contending that delegation is unnecessary and unconstitutional, Schoenbrod has written the first book that shows how, as a practical matter, delegation can be stopped.

Bankers, Bureaucrats, and Central Bank Politics

Bankers, Bureaucrats, and Central Bank Politics PDF Author: Christopher Adolph
Publisher: Cambridge University Press
ISBN: 1139620533
Category : Political Science
Languages : en
Pages : 389

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Book Description
Most studies of the political economy of money focus on the laws protecting central banks from government interference; this book turns to the overlooked people who actually make monetary policy decisions. Using formal theory and statistical evidence from dozens of central banks across the developed and developing worlds, this book shows that monetary policy agents are not all the same. Molded by specific professional and sectoral backgrounds and driven by career concerns, central bankers with different career trajectories choose predictably different monetary policies. These differences undermine the widespread belief that central bank independence is a neutral solution for macroeconomic management. Instead, through careful selection and retention of central bankers, partisan governments can and do influence monetary policy - preserving a political trade-off between inflation and real economic performance even in an age of legally independent central banks.

The Unelected

The Unelected PDF Author: James R. Copland
Publisher: Encounter Books
ISBN: 1641771216
Category : Political Science
Languages : en
Pages : 268

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Book Description
America is highly polarized around elections, but unelected actors make many of the decisions that affect our lives. In this lucid history, James R. Copland explains how unaccountable agents have taken over much of the U.S. government apparatus. Congress has largely abdicated its authority. “Independent” administrative agencies churn out thousands of new regulations every year. Courts have enabled these rulemakers to expand their powers beyond those authorized by law—and have constrained executive efforts to rein in the bureaucratic behemoth. No ordinary citizen can know what is legal and what is not. There are some 300,000 federal crimes, 98 percent of which were created by administrative action. The proliferation of rules gives enormous discretion to unelected enforcers, and the severity of sanctions can be ruinous to citizens who unwittingly violate a regulation. Outside the bureaucracy, private attorneys regulate our conduct through lawsuits. Most of the legal theories underlying these suits were never voted upon by our elected representatives. A combination of historical accident, decisions by judges and law professors, and self-interested advocacy by litigators has built an onerous and expensive legal regime. Finally, state and local officials may be accountable to their own voters, but some reach further afield, pursuing agendas to dictate the terms of national commerce. These new antifederalists are subjecting the citizens of Wyoming and Mississippi to the whims of the electorates of New York and San Francisco—contrary to the constitutional design. In these ways, the unelected have assumed substantial control of the American republic, upended the rule of law, given the United States the world’s costliest legal system, and inverted the Constitution’s federalism. Copland caps off his account with ideas for charting a corrective course back to democratic accountability.

Power Without Responsibility

Power Without Responsibility PDF Author: David Schoenbrod
Publisher:
ISBN: 9780300053630
Category : Political Science
Languages : en
Pages : 260

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Book Description
This book argues that Congress's process for making law is as corrosive to the nation as unchecked deficit spending. David Schoenbrod shows that Congress and the president, instead of making laws that govern us, generally give bureaucrats the power to make laws through agency regulations.

Inside Congress

Inside Congress PDF Author: Trevor Corning
Publisher: Brookings Institution Press
ISBN: 0815727348
Category : Political Science
Languages : en
Pages : 76

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Book Description
Required reading for anyone who wants to understand how to work within Congress. The House and Senate have unique rules and procedures to determine how legislation moves from a policy idea to law. Evolved over the last 200 years, the rules of both chambers are designed to act as the engine for that process. Each legislative body has its own leadership positions to oversee this legislative process. To the novice, whether a newly elected representative, a lawmaker's staff on her first day at work, or a constituent visiting Washington, the entire process can seem incomprehensible. What is an open rule for a House Appropriations bill and how does it affect consideration? Why are unanimous consent agreements needed in the Senate? The authors of Inside Congress, all congressional veterans, have written the definitive guide to how Congress really works. It is the accessible and necessary resource to understanding and interpreting procedural tools, arcane precedents, and the role of party politics in the making of legislation in Congress.

Understanding Street-Level Bureaucracy

Understanding Street-Level Bureaucracy PDF Author: Peter L. Hupe
Publisher: Policy Press
ISBN: 1447313267
Category : Business & Economics
Languages : en
Pages : 404

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Book Description
This book draws together internationally acclaimed scholars from across the world to address the roles of public officials whose jobs involve dealing directly with the public. Covering a broad range of jobs, including the delivery of benefits and services, the regulation of social and economic behavior, and the expression and maintenance of public values, the book presents in-depth discussions of different approaches, the possibilities for discretionary autonomy, and directions for further research in the field.

Democracy and Executive Power

Democracy and Executive Power PDF Author: Susan Rose-Ackerman
Publisher: Yale University Press
ISBN: 0300262477
Category : Law
Languages : en
Pages : 421

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Book Description
A defense of regulatory agencies’ efforts to combine public consultation with bureaucratic expertise to serve the interest of all citizens The statutory delegation of rule-making authority to the executive has recently become a source of controversy. There are guiding models, but none, Susan Rose-Ackerman claims, is a good fit with the needs of regulating in the public interest. Using a cross-national comparison of public policy-making in the United States, the United Kingdom, France, and Germany, she argues that public participation inside executive rule-making processes is necessary to preserve the legitimacy of regulatory policy-making.