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Public administration and the rule of law

By: Robert S., Kravchuk.
Material type: materialTypeLabelArticleSubject(s): Public Administration In: International Journal of Public AdministrationSummary: This article deals with the enduring problem of administrative discretion in the modern american democratic-constitutional state. In the American constitutional tradition, administrative action is legitimate when and only if it adheres to the rule of law. This implies that administrators must be able to link directly their actions to grants of authority in statutes or the constitution. But the growth of the state apparatus and the increasing intensification of the public administration's role in society have necessitated rather broad legislative grants of discretion to the bureaucracy. The result has been a seemingly perennial tension between the rule of law ideol and the modern administrative reality. Att
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Articles Articles Indian Institute of Public Administration
Issue no: 14(3), 91, p.265-301 Available AR21664

This article deals with the enduring problem of administrative discretion in the modern american democratic-constitutional state. In the American constitutional tradition, administrative action is legitimate when and only if it adheres to the rule of law. This implies that administrators must be able to link directly their actions to grants of authority in statutes or the constitution. But the growth of the state apparatus and the increasing intensification of the public administration's role in society have necessitated rather broad legislative grants of discretion to the bureaucracy. The result has been a seemingly perennial tension between the rule of law ideol and the modern administrative reality. Att

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