354 Pages 1 B/W Illustrations
    by Routledge

    Since the first edition of Public Administration and Law was published in 1983, it has retained its unique status of being the only book in the field of public administration that analyzes how constitutional law regulates and informs the way administrators interact with each other and the public. Examining First, Fourth, Fifth, Eighth, and Fourteenth Amendment rights as they pertain to these encounters, it explains how public administrators must do their jobs and how administrative systems must operate in order to comply with constitutional law.

    Explores the conflicts between laws

    The book begins by presenting a historical account of the way constitutional and administrative law have incrementally "retrofitted" public agencies into the nation’s constitutional design. It examines the federal judiciary’s impact on federal administration and the effect of the nation’s myriad environmental laws on public administration. Next, it focuses on the role of the individual as a client and customer of public agencies. In a discussion of the Fourth Amendment, it examines street-level encounters between citizens and law enforcement agents. Responding to the rise of the new public management (NPM), it also adds, for the first time in this edition, a chapter that analyzes the rights of the individual not only as a government employee but also as a government contractor.

    Enhanced with numerous references

    The final chapters of the book address issues concerning the rights of inmates in administrative institutions and balancing the need to protect individual rights with the ability of agencies to function effectively. Supplemented with case citations and lists of articles, books, and documents, this text is designed to facilitate further study in a constantly evolving area.

    About the Authors:

    David H. Rosenbloom, Ph.D. is Distinguished Professor of Public Administration in the School of Public Affairs at American University in Washington, D.C., and Chair Professor of Public Management at City University of Hong Kong. Rosemary O’Leary, Ph.D., J.D. is Distinguished Professor of Public Administration and the Howard G. and S. Louise Phanstiel Chair in Strategic Management and Leadership at Syracuse University. Joshua M. Chanin, M.P.A., J.D. is a Ph.D. candidate in Public Administration and Justice, Law, and Society in the School of Public Affairs at American University in Washington, D.C.

    I. The Administrative State, Democratic Constitutionalism, and the Rule of Law

    The Problem: Retrofitting the American Administrative State into the Constitutional Scheme

    Public Administration and American Constitutionalism

    The American Public Administrative "Orthodoxy"

    "Reinvented" Public Administration: Toward a New Public Management

    US Constitutionalism

    Controlling Administrative Discretion: The Role of Law

    Judicial Responses to the Administrative State

    Conclusion: "Retrofitting" as an Incremental Project

    Administrative Law and the Judiciary Today

    The Commerce Clause

    Delegated Power

    The Federal Government’s Administrative Law Framework

    Judicial Review of Agency Action

    Review of Informational Activity

    Adjudications

    Rulemaking

    Review of Executive Orders

    Alternatives to Litigation

    Regulatory Negotiation

    Environmental Law: Changing Public Administration Practices

    Judicial Review of Agency Actions

    Interpretation of Environmental Laws

    The Growth of Environmental Conflict Resolution

    II. The Constitutionalization of Public Administrative Action

    The Individual as Client and Customer of Public Agencies

    The Public Administration of Services

    Constraining Clients: The Problem of Conditional Benefits

    Clients and Customers in Court: The Traditional Response

    The Demise of the Doctrine of Privilege

    A Constitutional Limit to Clients’ and Customers’ Interests in Public Benefits

    The Case Law in Sum

    Impact on Public Administration

    Street-Level Encounters

    The Need for Street-Level Intuition versus the Fear of Arbitrary or Discriminatory Administration and Law Enforcement

    The Fourth Amendment

    Impact on Public Administration

    The Individual as Government Employee or Contractor

    Public Administrative Values and Public Employment

    Constitutional Values in Public Employment

    Considering Whether the Constitution Should Apply to Public Employment

    Judicial Doctrines

    The Structure of Public Employees’ Constitutional Rights Today

    Conclusion: The Courts, Public Personnel Management, and Contracting

    The Individual as Inmate in Administrative Institutions

    Administrative Values and Practices

    Total Institutions and Public Administrative Values

    Theory and Practice in Public Total Institutions Prior to Reform in the 1970s

    Transformational Cases

    Subsequent Developments: The Right to Treatment and Prisoners’ Rights Today

    Implementation and Impact

    Conclusion: Consequences for Public Administrators

    The Individual as Antagonist of the Administrative State

    The Antagonist of the Administrative State

    The Antagonist in Court: Traditional Approaches

    Public Administrators’ Liability and Immunity

    Suing States and Their Employees

    Failure to Train of to Warn

    Public Law Litigation and Remedial Law

    Standing

    State Action Doctrine, Outsourcing, and Private Entities’ Liability for Constitutional Torts

    Law, Courts, and Public Administration

    Judicial Supervision of Public Administration

    Administrative Values and Constitutional Democracy

    Assessing the Impact of Judicial Supervision on Public Administration

    The Next Steps: Public Service Education and Training in Law

    Biography

    David H. Rosenbloom, Ph.D. is Distinguished Professor of Public Administration in the School of Public Affairs at American University in Washington, D.C., and Chair Professor of Public Management at City University of Hong Kong. Rosemary O’Leary, Ph.D., J.D. is Distinguished Professor of Public Administration and the Howard G. and S. Louise Phanstiel Chair in Strategic Management and Leadership at Syracuse University. Joshua M. Chanin, M.P.A., J.D. is a Ph.D. candidate in Public Administration and Justice, Law, and Society in the School of Public Affairs at American University in Washington, D.C.