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[4] [5] Legislation is produced by elected officials, but is implemented by unelected bureaucrats, who sometimes act under their own preferences or interests. [1] [2] [6] Bureaucratic drift is often treated as a principal–agent problem, with Congress and the Presidency acting as principals and bureaucracy acting as the agent. The government ...
Even though front-line bureaucrats have this degree of discretion, they typically must operate within the rule of law, the system of government regulations, laws and administrative procedural rules. These regulations, laws and rules help to ensure that the street-level bureaucracy operates fairly and ethically, and that each citizen is treated ...
Administrative law can help these agencies get on the path of following regulations, serve the public, and in turn, a reflection of the public's values and beliefs. There is a need for administrative law because the interest of public could be at risk if various agencies were not following laws and regulations.
Bureaucracy (/ b j ʊəˈr ɒ k r ə s i /; bure-OK-rə-see) is a system of organization where decisions are made by a body of non-elected officials. [1] Historically, a bureaucracy was a government administration managed by departments staffed with non-elected officials. [2]
Alexander Bickel, a law professor at Yale Law School, coined the term counter-majoritarian difficulty in his 1962 book, The Least Dangerous Branch.He used the term to describe the argument that judicial review is illegitimate because it allows unelected judges to overrule the lawmaking of elected representatives and thus to undermine the will of the majority.
In 2001, an 18-year-old committed to a Texas boot camp operated by one of Slattery’s previous companies, Correctional Services Corp., came down with pneumonia and pleaded to see a doctor as he struggled to breathe. Guards accused the teen of faking it and forced him to do pushups in his own vomit, according to Texas law enforcement reports ...
The concept of rational basis review can be traced to an influential 1893 article, "The Origin and Scope of American Constitutional Law", by Harvard law professor James Bradley Thayer. Thayer argued that statutes should be invalidated only if their unconstitutionality is "so clear that it is not open to rational question". [ 12 ]
Most modern rulemaking authorities have a common law tradition or a specific basic law that essentially regulates the regulators, subjecting the rulemaking process to standards of due process, transparency, and public participation. In the United States, the governing law for federal rulemaking is the Administrative Procedure Act of 1946 ...