Suchergebnisse

Over the last decade the regulatory evaluation of environmental and public health risks has been one of the most legally controversial areas of contemporary government activity. Much of that debate has been understood as a conflict between those promoting ''scientific'' approaches to risk evaluation and those promoting ''democratic'' approaches. This characterization of disputes has ignored the central roles of public administration and law in technological risk evaluation. This is problematic because, as shown in this book, legal disputes over risk evaluation are disputes over administrative

This book, by two of the world's leading administrative law scholars, reimagines administrative law as the law of public administration by making its competence the focus of administrative law. Grounded in extensive interdisciplinary, historical, and doctrinal analysis, Fisher and Shapiro show why understanding both the capacity and authority of expert public administration is crucial to ensure the legitimacy and accountability of the administrative state. To address the current precarious state of administrative law, they support a new study of the administrative process by an Attorney Generals Committee on Administrative Procedure leading to a revised Administrative Procedure Act (APA). This book is a must-read for anyone interested in administrative law and its reform.

The state we are in -- Expert administrative capacity -- Administrative accountability -- Enlightened foundations -- Debating administrative law : from the spoils system to the new deal -- The emergence of administrative law and the limits of legal imagination -- The narrowing of the administrative law imagination -- Administrative competence and the Chevron doctrine -- Hard look review -- Conclusion : towards an enlightened administrative law.