PADM 492 Discussion 3

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Feb 20, 2024

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PADM DB 3 Response The quote from United States vs. Lee highlights the fundamental principle that no individual is exempt from the constraints of the law. This principle is foundational to the legal framework guiding public administration, offering guidance, structure, and authority while simultaneously ensuring accountability and transparency to mitigate the potential for the abuse of power. Constitutional provisions and statutory laws serve as binding elements for administrators, with judicial review acting as a mechanism to circumscribe administrative discretion by assessing actions for constitutionality and legal soundness. Furthermore, due process is crucial, obligating administrators to adhere to fair treatment and the protection of individual rights, preventing arbitrary decision-making that could deprive individuals of their rights. Congress can control agencies through individual legislative authorizations, limiting them procedurally or through crosscutting statutes focusing on public information, participation, due process, and judicial review (Armsler, 2016). In the realm of administrative rulemaking, administrators find opportunities for creativity and innovation within the legal framework. The law frequently grants administrators the authority to promulgate rules and regulations, allowing them to exercise creativity within the legal constraints to adapt to evolving circumstances. As emphasized by Christensen (2009), law serves as the immediate framework for public administration, delineating tasks, establishing structure, providing funds, and setting forth rules and procedures. As outlined by Armsler (2016) and Christensen (2009), the legal environment establishes both limits and opportunities for public administration. While it composes constraints to ensure fairness and accountability, it concurrently provides a space for creativity and innovation within the bounds of the law. In a biblical context, Romans 13:1-5 underscores the concept of submission to governing authorities, asserting that all authorities are established by God, and emphasizes the importance of obedience of the law. The biblical passage aligns with the notion that no individual is above the law, reinforcing the fundamental role of adherence to the law of societal governance. References Amsler, L. B. (2016). Collaborative Governance: Integrating Management, Politics, and Law. Public Administration Review , 76 (5), 700-711. https://doi.org/10.1111/puar.12605 CHRISTENSEN, R. K. (2009). RUNNING THE CONSTITUTION: Framing Public Administration. Public Performance & Management Review , 32 (4), 604-609. https://doi.org/40586779 Romans 13:1-5 KJV - - Bible Gateway . (n.d.). Www.biblegateway.com. Retrieved November 24, 2023, from https://www.biblegateway.com/passage/?search=Romans%2013:1- 5&version=KJV
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