Administrative law as pragmatism
By: Tennert, R. John.
Material type:
ArticlePublisher: 2006Description: p.1339-1361.Subject(s): Administrative law
In:
International Journal of Public AdministrationSummary: This article argues that administrative law in the United States should be largely pragmatic in orientation, and that pragmatism provides the best normative framework for judicial decision-making in American administrative jurisprudence for administrators and judges. Just as considerations of context and consequence are critical to the administrative process, so too should they be integrated into the process of administrative adjudication. The article reviews a series of classic administrative law cases and describes how pragmatism provides the most appropriate normative framework for understanding the administrative law process in the United states. - Reproduced.
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Articles
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Indian Institute of Public Administration | Volume no: 29, Issue no: 14 | Available | AR73394 |
This article argues that administrative law in the United States should be largely pragmatic in orientation, and that pragmatism provides the best normative framework for judicial decision-making in American administrative jurisprudence for administrators and judges. Just as considerations of context and consequence are critical to the administrative process, so too should they be integrated into the process of administrative adjudication. The article reviews a series of classic administrative law cases and describes how pragmatism provides the most appropriate normative framework for understanding the administrative law process in the United states. - Reproduced.
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