constitutional contractarianism and pub- lic administrative instrumentalism

constitutional contractarianism and pub- lic administrative instrumentalism

7 Staying Current

This book has described and analyzed the core premises, processes, and principles of administrative law in the United States, mostly with respect to the federal level. It should continue to have a long shelf life. The Administrative Procedure Act (APA) of 1946 still provides the fed- eral government’s basic administrative law framework. It has been able to accommodate substantial amendment because its fundamental princi- ples have endured. Congress’s key point in enacting it was that public administration should incorporate the democratic-constitutional values of representation, participation, transparency, fairness, accountability, and limited government intrusion on private activity. Major subsequent ad- ministrative law initiatives—including negotiated rulemaking, freedom of information, alternative dispute resolution, paperwork reduction, and legislative review—have been intended to advance these values. If folding them into administrative law and practice is sometimes bumpy, it is not because they run counter to the APA’s initial purposes—in fact, national security policy aside, it is difficult to think of a single post-1946 admin- istrative law statute that undercuts the APA’s intent. Similarly, cases like Nova Scotia and Cinderella, decided decades ago, remain good law because they are firmly rooted in principles on which the APA is based (United States v. Nova Scotia Food Products Corp. 1977; Cinderella Career and Finishing Schools, Inc. v. Federal Trade Commission 1970).

Public managers can reasonably expect stability in the larger purposes of administrative law. However, they can also expect change in the partic- ulars. Today, rulemaking, adjudication, transparency, and judicial review

9780813348810-text.indd 185 5/14/14 4:09 PM

Rosenbloom, David H.. Administrative Law for Public Managers, Routledge, 2013. ProQuest Ebook Central, Created from csusb on 2019-11-22 18:06:40
constitutional contractarianism and pub- lic administrative instrumentalism



Leave a Reply

Your email address will not be published. Required fields are marked *