Bureaucrats as Law-makers

Bureaucrats as Law-makers
Author: Frank M. Häge
Publisher: Routledge
Total Pages: 242
Release: 2013
Genre: Law
ISBN: 0415689678

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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
Author: Glen O. Robinson
Publisher: University of Michigan Press
Total Pages: 264
Release: 1991
Genre: Business & Economics
ISBN: 9780472102433

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

Power Without Responsibility

Power Without Responsibility
Author: David Schoenbrod
Publisher: Yale University Press
Total Pages: 276
Release: 1995-08-30
Genre: Law
ISBN: 9780300065183

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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.

Deliberate Discretion?

Deliberate Discretion?
Author: John D. Huber
Publisher: Cambridge University Press
Total Pages: 308
Release: 2002-09-02
Genre: Business & Economics
ISBN: 9780521520706

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This book explains the different approaches legislators use when they write laws.

Congress and the Bureaucracy

Congress and the Bureaucracy
Author: R. Douglas Arnold
Publisher: Yale University Press
Total Pages: 336
Release: 1980-01-01
Genre: Political Science
ISBN: 9780300025927

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"An] excellent book ...Arnold seeks to examine the interactions between members of the House of Representatives and members of the upper bureaucracy in respect to the geographical allocation of federal expenditures....The methodology employed is ingenious and persuasive."--David Fellman, The Annals of the American Academy of Political and Social Science "The best book now available on the decision-making process linking bureaucrats and congressmen....A model blending of theory and evidence, overlaid with a lot of good judgment and political sensitivity."--Richard F. Fenno, Jr. "Douglas Arnold's carefully wrought study of relations between the U.S. Representatives and selected administrative agencies is a challenging, thought-provoking, imaginative contribution that greatly enriches the field."--Herbert Kaufman "An indispensable book for political scientists studying Congress, and highly relevant for many others whose interest is in bureaucratic decision-making. The data and the methods of analysis are unique and make the work infinitely superior to previous work on this topic."--Samuel C. Patterson

The Bureaucrat Kings

The Bureaucrat Kings
Author: Paul D. Moreno
Publisher: Bloomsbury Publishing USA
Total Pages: 253
Release: 2016-11-14
Genre: Political Science
ISBN:

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Provocative in nature, this work looks critically at the bureaucratic infrastructure behind the U.S. federal government, from its origins as a self-governing republic in the 18th century to its modern presence as a centralized institution. This fascinating critique analyzes the inner workings of the American government, suggesting that our federal system works not as a byproduct of the U.S. Constitution but rather as the result of liberal and progressive politics. Distinguished academic and political analyst Paul D. Moreno asserts that errant political movements have found "loopholes" in the U.S. Constitution, allowing for federal bureaucracy—a state he feels is a misinterpretation of America's founding dogma. He contends that constitutionalism and bureaucracy are innately incompatible... with the former suffering to accommodate the latter. According to Moreno, the leadership of the United States strayed from the democratic principles of the early founders and grew to what it is today—a myriad of bureaucratic red tape couched in unreasonable policies. A straightforward, chronological narrative explains how non-elected bureaucrats became powerful political mavens in America. Each chapter covers several decades and features events spanning from the early history of the United States through coverage of the Affordable Care Act (Obamacare) of 2010.

Politicians, Bureaucrats and Administrative Reform

Politicians, Bureaucrats and Administrative Reform
Author: B. Guy Peters
Publisher: Routledge
Total Pages: 241
Release: 2008-08-28
Genre: Political Science
ISBN: 1134566549

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Adminstrative reform in most western democracies over the past couple of decades has been characterized by bringing in market-based concepts of public-service delivery. This book looks critically at administrative reform in a comparative perspective. The contributors - experts on administrative reform - assess its scope and objectives, and also the ways in which these reforms have impacted on the traditional roles of elective office and civil servants. This book will be an invaluable resource for students and academics in Politics and Public Administration, as well as for civil servants and experts on administrative reform.

Street-Level Bureaucracy

Street-Level Bureaucracy
Author: Michael Lipsky
Publisher: Russell Sage Foundation
Total Pages: 263
Release: 1983-06-29
Genre: Political Science
ISBN: 1610443624

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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.

The Unelected

The Unelected
Author: James R. Copland
Publisher: Encounter Books
Total Pages: 268
Release: 2020-09-15
Genre: Political Science
ISBN: 1641771216

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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.

Inside Congress

Inside Congress
Author: Trevor Corning
Publisher: Brookings Institution Press
Total Pages: 76
Release: 2017-07-25
Genre: Political Science
ISBN: 0815727348

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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.