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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 ...
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.
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]
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 ]
Good governance in the New Yorkish context of countries is a broad term, and in that regards, it is difficult to find a unique definition. According to Fukuyama (2013), [7] the ability of the state and the independence of the bureaucracy are the two factors that determine whether governance is excellent or terrible.
In administrative law, rulemaking is the process that executive and independent agencies use to create, or promulgate, regulations.In general, legislatures first set broad policy mandates by passing statutes, then agencies create more detailed regulations through rulemaking.
Germans prefer a "grammatical" (literal) interpretation, because the statutory text has a democratic legitimation, and "sensible" interpretations are risky, in particular in view of German history. "Sensible" means different things to different people. The modern, common-law perception that courts actually make law is very
A law review or law journal is a scholarly journal or publication that focuses on legal issues. [1] A law review is a type of legal periodical. [2] Law reviews are a source of research, imbedded with analyzed and referenced legal topics; they also provide a scholarly analysis of emerging legal concepts from various topics.