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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.
Oversight is an implied rather than an enumerated power under the U.S. Constitution. [2] The government's charter does not explicitly grant Congress the authority to conduct inquiries or investigations of the executive, to have access to records or materials held by the executive, or to issue subpoenas for documents or testimony from the executive.
Constituents request assistance with particular problems or ask questions. Members of Congress want to leave a positive impression on the constituent, rather than leave them disgruntled. Thus, their offices will often be responsive, and go out of their way to help steer the citizen through the intricacies of the bureaucracy.
As with a market failure, government failure is not a failure to bring a particular or favored solution into existence but is rather a problem that prevents an efficient outcome. The problem to be solved does not need to be market failure; governments may act to create inefficiencies even when an efficient market solution is possible.
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.
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.
So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the Court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the Court must determine which of these conflicting rules governs the ...