scholarly journals Administrative Performance and Administrative Power: Complexities, Conflicts, and Consequences

2021 ◽  
Vol 53 (6) ◽  
pp. 815-816
Author(s):  
Brian J. Cook
Keyword(s):  
Administrative Power

scholarly journals Limiting the executive power after the Second World War: the invention of administrative science

2021 ◽  
pp. 002085232098559
Author(s):  
Céline Mavrot
Keyword(s):  
Human Rights ◽  
World Order ◽  
Daily Practice ◽  
Second World War ◽  
Executive Power ◽  
World War ◽  
Administrative Power ◽  
History Of ◽  
Second World ◽  
Administrative Science

This article analyses the emergence of administrative science in France in the wake of the Second World War. The birth of this discipline is examined through the history of its founders, a group of comparatist aiming at developing universal administrative principles. The post-war context prompted the creation of checks and balances against administrative power (through oversight of the legality of administrative action) and against the powers of nation states (through human rights and international organizations). Administrative science and comparative law were meant to rebuild international relations. The history of this discipline highlights a legal project to redefine the role and limits of executive power at the dawn of the construction of a new world order. Points for practitioners Looking at long-term developments in the science of administration helps to inform administrative practice by providing a historical and reflective perspective. This article shows how a new understanding of the administrative reality emerged after the fall of the totalitarian regimes of the first half of the 20th century. It highlights the different ways in which administrative power was controlled after the Second World War through greater oversight over administrative legality, the establishment of universal administrative principles and the proclamation of human rights. Questions of administrative legitimacy and the limitation of administrative power are still very much part of the daily practice of executive power, and represent a central aspect of administrative thinking.

Limiting the admissibility of the form of an administrative decision

2021 ◽  
Vol 1(23) ◽  
pp. 123-136
Author(s):  
Jakub Szremski
Keyword(s):  
Public Administration ◽  
Administrative Power ◽  
The Individual

The admissibility of applying an administrative decision will be limited if this procedural form cannot be used in certain situations – where the legislator has excluded the possibility of issuing an administrative decision and replaced it with other non-procedural activities – material and technical activities. This limitation will also occur in the case of the so-called administrative power shifted in time, where the individual with his substantive legal activity will shape his entitlement – without the necessity of imperious interference by public administration bodies.

Taking Public Administration Seriously

2020 ◽  
pp. 1-45
Author(s):  
Joseph Heath
Keyword(s):  
Decision Making ◽  
Public Administration ◽  
Policy Process ◽  
Civil Service ◽  
Democratic Legitimacy ◽  
Administrative Power ◽  
Liberal Democratic ◽  
The One ◽  
Public Decision

This chapter begins with a series of examples that illustrate the power wielded by unelected state officials. This power includes not only discretion but also control over the policy process, as well as the ability to bring pressure to bear upon elected officials. The exercise of this administrative power, far from being an imperfection in the system, contributes a great deal to the quality of public decision-making. But it raises a difficult normative question concerning how unelected officials can wield power in a way that is consistent with the commitment to political neutrality of the permanent civil service and to the more general principles of democratic legitimacy that govern liberal-democratic states. A contrast is drawn between this position and the one defended by Pierre Rosanvallon.

1. The historical origins of the trust

2019 ◽  
pp. 1-13
Author(s):  
JE Penner
Keyword(s):  
Common Law ◽  
The Core ◽  
Administrative Power ◽  
The Subject ◽  
The Common ◽  
The Law ◽  
The Relationship ◽  
Historical Origins

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter traces the historical roots of the trust. The law of trusts is the offspring of a certain English legal creature known as ‘equity’. Equity arose out of the administrative power of the medieval Chancellor, who was at the time the King’s most powerful minister. The nature of equity’s jurisdiction and its ability to provide remedies unavailable at common law, the relationship between equity and the common law and the ‘fusion’ of law and equity, and equity’s creation of the use, and then the trust, are discussed.

scholarly journals Building a Conservative State: Partisan Polarization and the Redeployment of Administrative Power

2019 ◽  
Vol 17 (02) ◽  
pp. 453-469
Author(s):  
Nicholas F. Jacobs ◽  
Desmond King ◽  
Sidney M. Milkis
Keyword(s):  
State Power ◽  
The United States ◽  
Party Politics ◽  
Washington Dc ◽  
State Spending ◽  
Donald Trump ◽  
Partisan Polarization ◽  
Administrative Power ◽  
The Relationship ◽  
Roll Back

It is commonplace to equate the arrival of a new conservative administration in Washington, DC, with the “rolling back” of the federal activities. We disagree with this conventional perspective, and seek to demonstrate that the equation of conservative Republicanism and retrenchment elides a critical change in the relationship between party politics and State power—a relationship that Donald Trump seems determined to nurture. Drawing on primary research, we argue that partisanship in the United States is no longer a struggle over the size of the State; rather it is a contest to control national administrative power. Since the late 1960s, conservative administrations have sought to redeploy rather than dismantle or roll back state power. Through “redeployment,” conservative presidents have sustained previous levels of State spending or State activity, but in a way reflecting a new administration’s ideology.

The Central Committee Secretariat, the Nomenklatura, and the Politics of Personnel Management in the Soviet Order, 1921-1927

2012 ◽  
Vol 39 (2) ◽  
pp. 166-191 ◽  
Author(s):  
Christopher S. Monty
Keyword(s):  
Personnel Management ◽  
Communist Party ◽  
Ad Hoc ◽  
Central Committee ◽  
The Body ◽  
Political Order ◽  
Administrative Power ◽  
Formal Authority ◽  
Executive Agencies ◽  
Economic Administration

This article re-examines early efforts to put into practice the nomenklatura system for assigning elite office holders adopted by the Organization Bureau of the Central Committee (Orgburo) of the Russian Communist Party in late 1923. Until recently, scholarly treatments of this issue have largely taken for granted Stalin’s ability to transform the formal authority this initiative concentrated in the executive agencies of the Central Committee into effective administrative power. This article challenges that assumption by looking past official regulations in order to examine the operational records of the body most closely involved in managing the assignment of responsible officials across the soviet political order, the Organization-Assignment Department of the Central Committee Secretariat. The working papers of the Organization-Assignment Department, the Secretariat and the Orgburo make it evident that the nomenklatura had not yet evolved into the central vehicle for managing elite office holding that it was intended to be prior to the Stalin Revolution. The evidence suggests the persistence of ad hoc improvisation in the management of personnel, which produced a hybrid order that relied on an unstable mix of bureaucratic, personalistic and campaign-style methods to extend communist influence over government and economic administration.

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