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
Resource Information
The item Judicializing the administrative state : the rise of the independent regulatory commissions in the United States, 1883-1937, Hiroshi Okayama represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Biddle Law Library - University of Pennsylvania Law School.This item is available to borrow from 1 library branch.
Resource Information
The item Judicializing the administrative state : the rise of the independent regulatory commissions in the United States, 1883-1937, Hiroshi Okayama represents a specific, individual, material embodiment of a distinct intellectual or artistic creation found in Biddle Law Library - University of Pennsylvania Law School.
This item is available to borrow from 1 library branch.
- 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."--
- Language
- eng
- Extent
- x, 187 pages
- Isbn
- 9781138306653
- 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
- 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."--
- 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
- 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
- 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
Subject
- Administrative courts -- United States -- History
- History
- Independent regulatory commissions
- Independent regulatory commissions -- United States -- History
- Politics and government
- United States
- United States -- Politics and government -- 1865-1933
- 1865-1933
- Administrative courts
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<div class="citation" vocab="http://schema.org/"><i class="fa fa-external-link-square fa-fw"></i> Data from <span resource="http://link.law.upenn.edu/portal/Judicializing-the-administrative-state--the-rise/5_jr0aRK21o/" typeof="Book http://bibfra.me/vocab/lite/Item"><span property="name http://bibfra.me/vocab/lite/label"><a href="http://link.law.upenn.edu/portal/Judicializing-the-administrative-state--the-rise/5_jr0aRK21o/">Judicializing the administrative state : the rise of the independent regulatory commissions in the United States, 1883-1937, Hiroshi Okayama</a></span> - <span property="potentialAction" typeOf="OrganizeAction"><span property="agent" typeof="LibrarySystem http://library.link/vocab/LibrarySystem" resource="http://link.law.upenn.edu/"><span property="name http://bibfra.me/vocab/lite/label"><a property="url" href="http://link.law.upenn.edu/">Biddle Law Library - University of Pennsylvania Law School</a></span></span></span></span></div>
