Democratic Morality and the Administrative Law Essay

Throughout the rigmarole of political history of the United States of America, the growth of the “fourth branch of government”, the Bureaucracy, has been a prominent, controversial topic. Peter Woll, in his article “Constitutional Democracy and Bureaucratic Power”, and James Q. Wilson, in his article “The Rise of the Bureaucratic State”, discuss this developing administrative branch. The Constitution has no written mention of an “administrative branch”, and today’s Bureaucracy is often tedious, corrupt, and even undemocratic. But such a branch’s development and expansion is necessary in order to keep par with an evolving and changing society.

Administrative discretion- the authority of administrative actors to select among various response to a given problem. Discretion is greatest when routines, or standard operating procedures, do not fit a case.

“The government, which was designed for the people, has got into the hands of the bosses and their employers, the special interests. An invisible empire has been set up above the forms of democracy.” This quote by Woodrow Wilson fits perfectly with the topics that will be discussed. The major theme of this paper is bureaucracy. Bureaucracy refers to an administrative system in which agencies staffed largely by non elected officials perform specific tasks in accordance with standard procedures. The work of the bureaucracy involves implementing laws and procedures. Does this sound familiar? That is because most bureaucrats work for the executive branch of the government. The executive branch is the one that enforces the laws. Some of these law enforcing jobs include mail clerk, police officer, fireman, and first responder. These jobs are essential to our lives as Americans and are greatly appreciated. This paper will expound on the history, usage, and the Cabinet

According to Cornelius Kerwin, "Rulemaking is the single most important function performed by agencies of government…Rulemaking refines, and in some instances defines, the mission of every government agency. In so doing it provides direction and content from budgeting, program implementation, procurement, personnel management, dispute resolution, and other important government activities" (Preface XI). This is the foundation for the book, Rulemaking. The whole text primarily revolves around this statement. Throughout the book Kerwin's central theme is that rulemaking is the single most important function that any government agency has within its possession. Much like other admin law books he discusses how those agencies with their

Kadushin tightens up on Dawson's formulation and presents his understanding of the three elements in terms of the primary problem and the primary goal. In administrative supervision the primary problem is concerned with the correct, effective and appropriate implementation of agency policies and procedures. The primary goal is to ensure adherence to policy and procedure (Kadushin 1992: 20). The supervisor has been given authority by the agency to oversee the work of the supervisee. This carries the responsibility:

The fifth narrative “Street-Level Bureaucracy: The Critical Role of Street-Level Bureaucrats written by Michael Lipsky in 1980 whose ideas can be observed in the Reforming the Government School of though. The reading analyzed the significance of the actions of public workers to determine discretionary judgement when delivering services to the public. Government workers are the face of the government and the representation of the conditions of policy to the people. The problem that government workers face is the constant changed in policies and procedures that tend to directly affect the demands of citizens and services. Lipsky argued, “They are constantly torn by the demands of service recipients to improve effectiveness and responsiveness to improve effectiveness and responsiveness and by the demands of citizen groups to improve the efficacy and efficiency of government services” (p. 402). The function of government workers is usually questioned by citizens since they feel that any decision of street-level bureaucrats scan affect the stability of the people’s lives. In addition to the problems in relationships with clients, the increased in administrative cost for the government’s services was questioned and placed under scrutiny.

However, despite Max Weber’s theory that bureaucracies are like iron “iron cages” that are a efficient form of administration. Prior to modern government reform patronage, spoils, and bribery were just part of the political environment for Public Administrators. In today’s, modern government Public Administrators are hired based on the merit and technical qualifications that secure the individual can carry out the duties of the office. However, Public Administrators are forced to work in a hierarchical organization

The environment and the state of affairs in which Max Weber developed the theory of bureaucracy were different from the present welfare states. Modern states are complex and difficult to maintain thus the validity of bureaucracy is questioned in the face of these challenges.

In this analysis we will review a case titled “The Dilemma at the Public Service Department.” We will be discussing different issues, amongst them are: opinions on the honesty, malfeasance, misfeasance, nonfeasance, accountability, competence, and why these particular responsibilities are identified. We will also discuss certain trade-offs made by the commissioner’s loyalty to the department as well as the governor, and public interest. We will also be discussing three barriers when it comes to deciding how the governor will be approached, along with the basic elements that are recommended in strategic management planning.

The Administrative process consists of key elements that makes the administrative process helps our economy run and the key elements are decision-making, budgeting, and implementation. The Administrative power that the government holds is what enables the administration to run the economies with the key elements that were said. There are different sources of powers that each of the administrative agencies possesses. Each key element can be broken into many important aspects that keep’s the administrative process running.

By discussing some of the advantages and disadvantages of administration and politics dichotomy, an opinion of whether it is useful or impossible will be made. Wilson’s politics administration dichotomy refers to the idea that administrative decisions need to be made without political influence. One argument to this is that politics has transformed, let’s say, the role of a city manager from a neutral expert to a problem solver and dichotomy should be replaced with an expanded base of professional values for them.

Rule of law in simplest terms means law rules, that is, law is supreme. The term “Rule of law‟ is derived from the French phrase “la principle de legalite” (the principle of legality) which means a government on principle of law and not of men. Rule of Law is a viable and dynamic concept and, like many other concepts, is not capable of any exact definition. It is used in contradistinction to rule of man. Sir Edward Coke, the Chief Justice in King James I‟s reign is said to be the originator of this principle. However, concrete shape was given to it by Professor A.V. Dicey, for the first time in his book “Law of the Constitution” (1885) in the form of three principles.

Jennings puts forward another view, which says that administrative law deals with the organization, functions, powers and duties of administrative authorities while constitutional law deals with the general principles relating to the organization and powers of the various organs of the State and their mutual relationships and relationship of these

Until the end of the 19th century ethics was considered an Integral curriculum component of Institutions of Higher Education (IHE) During the 1940s however, evidence suggests that a healthy and vital concern for administration ethics and democratic ethos of public administration remained. And in the 1960-1970 it got its rebirth. In those early periods of administrative ethics concern it was confined within a small boundary.

In conclusion, administrative discretion has its good points and bad. I do not think that all government power should have the discretion. As the people of the United States, we should take a moral and value poll towards the administrators within our government, or like a genuine lie detector