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The Resource Judicializing the administrative state : the rise of the independent regulatory commissions in the United States, 1883-1937, Hiroshi Okayama

Judicializing the administrative state : the rise of the independent regulatory commissions in the United States, 1883-1937, Hiroshi Okayama

Label
Judicializing the administrative state : the rise of the independent regulatory commissions in the United States, 1883-1937
Title
Judicializing the administrative state
Title remainder
the rise of the independent regulatory commissions in the United States, 1883-1937
Statement of responsibility
Hiroshi Okayama
Title variation
Rise of the independent regulatory commissions in the United States, 1883-1937
Creator
Author
Subject
Genre
Language
eng
Summary
"A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state."--
Member of
Assigning source
Provided by publisher
Cataloging source
DLC
http://library.link/vocab/creatorDate
1972-
http://library.link/vocab/creatorName
Okayama, Hiroshi
Index
index present
Literary form
non fiction
Nature of contents
bibliography
Series statement
Routledge research in public administration and public policy
http://library.link/vocab/subjectName
  • Independent regulatory commissions
  • Administrative courts
  • United States
  • Administrative courts
  • Independent regulatory commissions
  • Politics and government
  • United States
Label
Judicializing the administrative state : the rise of the independent regulatory commissions in the United States, 1883-1937, Hiroshi Okayama
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 157-182) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
25 cm
Extent
x, 187 pages
Isbn
9781138306653
Lccn
2019004637
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)1084632787
Label
Judicializing the administrative state : the rise of the independent regulatory commissions in the United States, 1883-1937, Hiroshi Okayama
Publication
Copyright
Bibliography note
Includes bibliographical references (pages 157-182) and index
Carrier category
volume
Carrier category code
  • nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
  • txt
Content type MARC source
rdacontent
Dimensions
25 cm
Extent
x, 187 pages
Isbn
9781138306653
Lccn
2019004637
Media category
unmediated
Media MARC source
rdamedia
Media type code
  • n
System control number
(OCoLC)1084632787

Library Locations

    • Biddle Law LibraryBorrow it
      3400 Chestnut Street, Philadelphia, Pennsylvania, 19104, US
      39.954941 -75.193362
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