This major international handbook provides a complete review and guide to past and present knowledge in this essential field of inquiry. Assembling an outstanding team of scholars from around the world, it comprehensively explores the current state of the art in academic thinking and the current structures and processes for the administration of public policy following this period of rapid transformation and change.
Chapter 22: 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 ...