Centralization and Discretion
In: Evidence-Based Policy, S. 160-171
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In: Evidence-Based Policy, S. 160-171
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Working paper
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In: Political research quarterly: PRQ ; official journal of the Western Political Science Association and other associations, Band 60, Heft 4, S. 593-606
ISSN: 1938-274X
House rules allow the Speaker to choose any conferees he wishes, suggesting he might use conference delegations to advance partisan goals. In practice, the Speaker nearly always selects members of the bill's jurisdictional committee(s). The authors propose a theory of conferee selection that endogenizes both partisan goals and committee participation. They argue that the Speaker's incentives lead him to appoint committee members, but he anticipates cases in which they would produce an outcome unfavorable to the majority party. In these cases, the Speaker appoints other conferees in addition to those from the jurisdictional committee, thereby "packing" the delegation in favor of the majority party position. The authors derive and test hypotheses regarding when the Speaker packs conference delegations, and what delegations look like when packed. The tests support the theory.
In: 72 Admin. L. Rev. 367 (2020).
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In: State and Local Government Review, Band 45, Heft 3, S. 183-188
ISSN: 1943-3409
An entire body of administrative law exists to guide the administrative discretion of public administrators. Although an increasing share of public services is being outsourced to the private sector, much of administrative law is not applicable to governments' contracted agents. Alternatively, contracting agencies use the contract instrument to guide and constrain contractors' exercise of delegated administrative discretion. This essay reports on a study of selected Florida local governments' contracts for residential trash collection services. Although minimal discretion was placed in contractors' hands, it still presented opportunities for abuse. The local governments used a variety of ways to manage the administrative discretion, including the imposition of public service ethics and transparency requirements. Upon analysis of contractual grants of and constraints upon administrative discretion, some suggestions are offered for enhancing contractual management of delegated administrative discretion.
In: Vol. 102, No. 5 Mich. B.J. 32 (May 2023).
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In: Journal of ethnic and migration studies: JEMS, Band 29, Heft 2, S. 373-395
ISSN: 1469-9451
In: California journal of politics and policy, Band 5, Heft 2, S. 232-251
ISSN: 1944-4370
Government officials in the exercise of discretion on laws and regulations, and in order to meet the demands of public service for the achievement of the people's welfare, then the proper government officials authorized discretion in the Organization of the Government. This research is useful for organizing Government accordingly with the nature, the purpose of the granting of discretion as well as the General principles of good governance. Type of normative legal research used in this research is normative law is also called doctrinal research. Doctrinal Research: Research which provides a systematic exposition of the rules governing a particular legal category, analyses the relationship between rules, explain areas of difficulty and perhaps, predicts future development. Normative legal research conducted to assess the legal concepts related to the discretion of government officials who do. The target in this research related to: a. The nature and purpose of the authority of the discretion government; and, b. criteria for the use of government discretion.
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International audience ; This paper develops a regulatory competition model to study whether and how refugee law should be centralized, and what are the consequences for refugees and for host countries. Varying refugee flows across countries lead some destinations to adopt strict measures. The resulting externality leads to a generalized "race to the bottom" of asylum law. Neither fixed nor minimum standard harmonization are found to be in the interest of both host countries. Especially the most popular destinations like EU border countries would suffer from losing discretion. However, minimum standards would benefit refugees and less popular destinations.
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International audience ; This paper develops a regulatory competition model to study whether and how refugee law should be centralized, and what are the consequences for refugees and for host countries. Varying refugee flows across countries lead some destinations to adopt strict measures. The resulting externality leads to a generalized "race to the bottom" of asylum law. Neither fixed nor minimum standard harmonization are found to be in the interest of both host countries. Especially the most popular destinations like EU border countries would suffer from losing discretion. However, minimum standards would benefit refugees and less popular destinations.
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In: Instituto de Empresa Business School Working Paper No. WP05-24
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