Curing the mischiefs of faction in the American administrative state
By: Cook, Brian J.
Material type:
ArticlePublisher: 2016Description: p.3-27.Subject(s): Public administration - United States | Public administration
In:
American Review of Public AdministrationSummary: The worries American citizens express about the distorting influence of minority factions, or special interests, on public governance are as old as the republic. I briefly recount the constitutional design flaws and developmental changes that have combined to make these worries more valid than ever in an age of administratively centered governance. I then review the evidence on the nature and extent of special interest influence on the administrative process from a broad swath of scholarship. After noting the limited efficacy of attempts to limit special interest influence via minor tinkering with the separation of powers, I argue for more fundamental structural change in the form of administration as a separate, constitutionally recognized element of the separation of powers. I outline basic structural features and offer hypothetical yet plausible consequences of such a design change. The latter, I contend, are amenable to confirmation or refutation through systematic analysis of evidence that is already available from past and current governing experience. - Reproduced.
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Indian Institute of Public Administration | Volume no: 46, Issue no: 1 | Available | AR111329 |
The worries American citizens express about the distorting influence of minority factions, or special interests, on public governance are as old as the republic. I briefly recount the constitutional design flaws and developmental changes that have combined to make these worries more valid than ever in an age of administratively centered governance. I then review the evidence on the nature and extent of special interest influence on the administrative process from a broad swath of scholarship. After noting the limited efficacy of attempts to limit special interest influence via minor tinkering with the separation of powers, I argue for more fundamental structural change in the form of administration as a separate, constitutionally recognized element of the separation of powers. I outline basic structural features and offer hypothetical yet plausible consequences of such a design change. The latter, I contend, are amenable to confirmation or refutation through systematic analysis of evidence that is already available from past and current governing experience. - Reproduced.


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