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Administrative Competence
Reimagining Administrative Law

$39.99 (F)

Part of Cambridge Studies in Constitutional Law

  • Date Published: September 2021
  • availability: Available
  • format: Paperback
  • isbn: 9781108799355

$ 39.99 (F)

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About the Authors
  • This book, by two of the world's leading administrative law scholars, reimagines administrative law as the law of public administration by making its competence the focus of administrative law. Grounded in extensive interdisciplinary, historical, and doctrinal analysis, Fisher and Shapiro show why understanding both the capacity and authority of expert public administration is crucial to ensure the legitimacy and accountability of the administrative state. To address the current precarious state of administrative law, they support a new study of the administrative process by an Attorney Generals Committee on Administrative Procedure leading to a revised Administrative Procedure Act (APA). This book is a must-read for anyone interested in administrative law and its reform.

    • Presents a provocative argument for reimagining administrative law to encourage critical thinking among administrative scholars and lawyers
    • Addresses the institutional, historical and doctrinal aspects of administrative law to show readers how they need to think in different ways about administrative law
    • Sets out a framework for the reform of administrative teaching and practice to create a set of practical steps that can be taken to improve administrative law
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    Reviews & endorsements

    '... the book acts as a bridge between legal thought, administrative expertise, and the fiery rhetoric of politics ... I am pleased to recommend the book, which would be appropriate to assign for administrative law and regulation classes in MPA curricula.' Christopher L. Atkinson, Public Organization Review

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    Product details

    • Date Published: September 2021
    • format: Paperback
    • isbn: 9781108799355
    • length: 356 pages
    • dimensions: 229 x 152 x 19 mm
    • weight: 0.48kg
    • availability: Available
  • Table of Contents

    1. The State We Are In
    Part I. Making Administrative Competence Visible:
    2. Expert Administrative Capacity
    3. Administrative Accountability
    Part II. Confronting the Origin Myths of Administrative Law:
    4. Enlightened Foundations
    5. Debating Administrative Law: From the Spoils System to the New Deal
    6. The Emergence of Administrative Law and the Limits of Legal Imagination
    7. The Narrowing of the Administrative Law Imagination
    Part III. The Law of Public Administration:
    8. Administrative Competence and the Chevron Doctrine
    9. Hard Look Review
    10. Conclusion: Towards an Enlightened Administrative Law.

  • Authors

    Elizabeth Fisher, University of Oxford
    Elizabeth Fisher is Professor of Environmental Law at Corpus Christi College, University of Oxford. She is the author of the award-winning Risk Regulation and Administrative Constitutionalism (2007) and Environmental Law: A Very Short Introduction (2017).

    Sidney A. Shapiro, Wake Forest University, North Carolina
    Sidney A. Shapiro is Frank U. Fletcher Chair in Administrative Law at Wake Forest University. He is co-author of ten books, including Achieving Democracy: Pragmatism, Regulation and Markets (2014), Risk Regulation at Risk: Restoring A Pragmatic Approach (2003), and Administrative Law and Procedure (6th Edition, 2019).

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