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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.
Author: Frank M. Häge
Publisher: Routledge
ISBN: 0415689678
Category : Law
Languages : en
Pages : 242
Get Book Here
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.
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.
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.
Author: Christopher Adolph
Publisher: Cambridge University Press
ISBN: 110703261X
Category : Business & Economics
Languages : en
Pages : 389
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Book Description
Adolph illustrates the policy differences between central banks run by former bankers relative to those run by bureaucrats.
Author: James R. Copland
Publisher: Encounter Books
ISBN: 1641771216
Category : Political Science
Languages : en
Pages : 289
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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.
Author: James Bessen
Publisher: Princeton University Press
ISBN: 1400828694
Category : Law
Languages : en
Pages : 346
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Book Description
In recent years, business leaders, policymakers, and inventors have complained to the media and to Congress that today's patent system stifles innovation instead of fostering it. But like the infamous patent on the peanut butter and jelly sandwich, much of the cited evidence about the patent system is pure anecdote--making realistic policy formation difficult. Is the patent system fundamentally broken, or can it be fixed with a few modest reforms? Moving beyond rhetoric, Patent Failure provides the first authoritative and comprehensive look at the economic performance of patents in forty years. James Bessen and Michael Meurer ask whether patents work well as property rights, and, if not, what institutional and legal reforms are necessary to make the patent system more effective. Patent Failure presents a wide range of empirical evidence from history, law, and economics. The book's findings are stark and conclusive. While patents do provide incentives to invest in research, development, and commercialization, for most businesses today, patents fail to provide predictable property rights. Instead, they produce costly disputes and excessive litigation that outweigh positive incentives. Only in some sectors, such as the pharmaceutical industry, do patents act as advertised, with their benefits outweighing the related costs. By showing how the patent system has fallen short in providing predictable legal boundaries, Patent Failure serves as a call for change in institutions and laws. There are no simple solutions, but Bessen and Meurer's reform proposals need to be heard. The health and competitiveness of the nation's economy depend on it.
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.
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.
Author: Marc Hertogh
Publisher: Oxford University Press
ISBN: 0190903082
Category : Law
Languages : en
Pages : 745
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Book Description
"The core animating feature of administrative justice scholarship is the desire to understand how justice is achieved through the delivery of public services and the actions, inactions, and decision-making of administrative bodies. The study of administrative justice also encompasses the redress systems by which people can challenge administrative bodies to seek the correction of injustices. For a long time now, scholars have been interested in administrative justice, but without necessarily framing their work as such. Rather than existing under the rubric of administrative justice, much of the research undertaken has existed within sub-categories of disciplines, such as law, sociology, public policy, politics, and public administration. Consequently, although aspects of the topic have attracted rich contributions across such disciplines, administrative justice has rarely been studied or taught in a manner that integrates these areas of research more systematically. This Handbook signals a major change of approach. Drawing together a group of world-leading scholars of administrative justice from a range of disciplines, The Oxford Handbook of Administrative Justice shows how administrative justice is a vibrant, complex, and contested field that is best understood as an area of inquiry in its own right, rather than through traditional disciplinary silos"--
Author: Kevin Gutzman
Publisher: Simon and Schuster
ISBN: 1596986182
Category : History
Languages : en
Pages : 274
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Book Description
The Constitution of the United States created a representative republic marked by federalism and the separation of powers. Yet numerous federal judges--led by the Supreme Court--have used the Constitution as a blank check to substitute their own views on hot-button issues such as abortion, capital punishment, and samesex marriage for perfectly constitutional laws enacted by We the People through our elected representatives. Now, The Politically Incorrect Guide to the Constitution shows that there is very little relationship between the Constitution as ratified by the thirteen original states more than two centuries ago and the "constitutional law" imposed upon us since then. Instead of the system of state-level decision makers and elected officials the Constitution was intended to create, judges have given us a highly centralized system in which bureaucrats and appointed--not elected--officials make most of the important policies. InThe Politically Incorrect Guide to the Constitution,Professor Kevin Gutzman explains how the Constitution: Was understood by the founders who wrote it and the people who ratified it. Follows the Supreme Court as it uses the fig leaf of the Constitution to cover its naked usurpation of the rights and powers the Constitution explicitly reserves to the states and to the people. Slid from the Constitution's republican federal government, with its very limited powers, to an unrepublican "judgeocracy" with limitless powers. How the Fourteenth Amendment has been twisted to use the Bill of Rights as a check on state power instead of on federal power, as originally intended. The radical inconsistency between "constitutional law" and the rule of law. Contends that the judges who receive the most attention in history books are celebrated for acting against the Constitution rather than for it. As Professor Gutzman shows, constitutional law is supposed to apply the Constitution's plain meaning to prevent judges, presidents, and congresses from overstepping their authority. If we want to return to the founding fathers' vision of the Republic, if we want the Constitution enforced in the way it was explained to the people at the time of its ratification, then we have to overcome the "received wisdom" about what constitutional law is. The Politically Incorrect Guide to the Constitution is an important step in that direction.
