The Founders, the Constitution, and Public Administration: A Conflict in World ViewsGeorgetown University Press, 1 мар. 1995 г. - Всего страниц: 128 Viewed alternately as an obstacle to justice, an impediment to efficient government, and a tool by which some groups gain benefits and privileges at the expense of others, public administration threatens to become the whipping boy of American government. In this innovative look at the nation's bureaucracy, Michael W. Spicer revisits the values of the Constitution in order to reconcile the administrative state to its many critics. Drawing on political and social philosophy, Spicer argues that there is a fundamental philosophical conflict over the role of reason in society between writers in public administration and the designers of the American Constitution. This examination of worldviews illuminates the problem that American government faces in trying to ground a legitimate public administration in the Constitution. Defending and developing the Founders' idea that political power, whatever its source, must be checked, he critically examines existing ideas about the role of public administration in American governance and offers an alternative vision of public administration more in line with the Founders' constitutional design. This book will provide fresh insights for anyone interested in the role of public administration in the United States today. |
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... History . 3. United States -- Constitutional history . I. Title . JA84.U5S66 1995 350.000973 -- dc20 ISBN 0-87840-581 - X ( cloth ) . -- ISBN 0-87840-582-8 ( paper ) 94-32279 To Three Arthurs : my late father , Arthur Spicer.
... constitutional governance . What I have sought to do here , therefore , is to explore the worldviews of public administration and the Constitution . Specifically , I argue that , whereas many if not most public administration writers ...
... constitutional system of government . Public administration , in other words , lacks legitimacy . THE LACK OF LEGITIMACY OF PUBLIC ADMINISTRATION By legitimacy here , I do not mean simply legality . Certainly , as Kenneth War- ren ...
... constitutional bicentennial in the United States has seen a renewed interest in the relationship between constitutional theory and the structure and process of public administration ( Stillman 1987 ) . The Founders , perhaps ...
... constitutional role by choosing among their constitutional masters , who may sometimes be in con- flict with one another . Rohr concludes by noting that " the administrative state is a plausible expression of the constitutional order ...
Содержание
THE FINER ARGUMENT | 59 |
THE FRIEDRICHFINER DEBATE AND THE CHECKING OF POWER | 62 |
CONCLUSION | 66 |
An Antirationalist Vision of Public Administration | 67 |
MODERN WRITINGS ON ADMINISTRATION AS A CHECK ON POWER | 69 |
THE ANGLOAMERICAN TRADITION OF ADMINISTRATIVE DISCRETION | 71 |
RULES AND PROCEDURES | 73 |
CITIZEN PARTICIPATION | 76 |
13 | |
THE RATIONALIST WORLDVIEW | 14 |
RATIONALIST THOUGHT | 15 |
THE ANTIRATIONALIST WORLDVIEW | 20 |
ANTIRATIONALIST THOUGHT | 21 |
SUMMARY | 25 |
The Worldviews of Public Administration and the Constitution | 26 |
CONTEMPORARY WRITERS | 30 |
ANTIRATIONALISM AND THE FOUNDERS | 34 |
CONCLUSION | 39 |
On the Checking of Power The Logic of a Constitution | 41 |
PASSIONS | 45 |
UNINTENDED EXPLOITATION | 46 |
MAJORITY RULE | 48 |
THE USE OF KNOWLEDGE | 50 |
CONCLUSION | 53 |
Visions of Public Administration | 54 |
THE FRIEDRICH ARGUMENT | 55 |
INERTIA INFLEXIBILITY AND IMPERSONALITY | 78 |
CONSTRAINED DISCRETION | 79 |
The Ethics of Administrative Discretion | 81 |
PERSONAL HONESTY | 82 |
NEUTRALITY | 84 |
UTILITY | 86 |
SOCIAL EQUITY | 87 |
COMMONLAW REASONING | 89 |
CONSENSUS | 93 |
SUMMARY | 95 |
Summary and Conclusion | 97 |
THE CONTEMPORARY RELEVANCE OF THE ANTIRATIONALIST VISION | 98 |
ANTIRATIONALISM IN THE ADMINISTRATIVE STATE | 100 |
TOWARD A NEW PERSPECTIVE | 102 |
References | 105 |
Index | 111 |