Previous Chapter Chapter 22: The Limits of Law: Can Laws Regulate Public Administration? Next Chapter

David Feldman

In: Handbook of Public Administration

Chapter 22: The Limits of Law: Can Laws Regulate Public Administration?

Edited by: B. Guy Peters & Jon Pierre

DOI: http://dx.doi.org/10.4135/9781848608214.n23

Subject: Public Administration (general)

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The Limits of Law: Can Laws Regulate Public Administration?
The limits of law: Can laws regulate public administration?
Background: Six Plausible Propositions

There is little hard evidence about the relationship between law and public administration. The sociology of law movement has gradually provided information about the roles which law plays in society, and some more specialized studies have examined its impact on administration,1 but current understanding of the subject relies heavily on a combination of largely untested hypotheses from theoretical analyses, fairly small-scale studies of particular administrative bodies or procedures, and anecdotal accounts. A number of studies of all these types have tried to assess the impact of applications for judicial review,2 one type of legal procedure, on administrators, but the principles and procedures of judicial review ...

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