Reasoned Administration and Democratic Legitimacy: How
Administrative Law Supports Democratic Government explores the
fundamental bases for the legitimacy of the modern administrative
state. While some have argued that modern administrative states are
a threat to liberty and at war with democratic governance, Jerry L.
Mashaw demonstrates that in fact reasoned administration is more
respectful of rights and equal citizenship and truer to democratic
values than lawmaking by either courts or legislatures. His account
features the law's demand for reason giving and reasonableness as
the crucial criterion for the legality of administrative action. In
an argument combining history, sociology, political theory and law,
this book demonstrates how administrative law's demand for reasoned
administration structures administrative decision-making, empowers
actors within and outside the government, and supports a complex
vision of democratic self-rule.
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