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Contractual Discretion and Administrative Discretion: A Unified Analysis
Modern Law Review, 2005While judicial control of discretionary power is at the centre of administrative law, it is a topic which has received little attention in contract. By tracing the development of the relevant case law in administrative law judicial review and in contract, the paper seeks to show how review in both contexts has converged upon a single core technique of ...
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Mega-Gifts: Hijacking Administrative Discretion?
Public Integrity, 2020Blending organizational types enables public agencies to seek alternative resources, sometimes yielding mega-gifts large enough to transform the public institution and its agenda.
Kathryn E. Webb Farley +1 more
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The Public Interest and Administrative Discretion
The American Review of Public Administration, 1992The public interest is a much neglected concept that has powerful symbolic and instrumental value. Building on the work of Goodsell, this article provides a framework to examine the degree to which a policy or program is in the public interest. This research presents four cases that illustrate how serving the public interest in a democracy requires ...
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Administrative Procedures, Information, and Agency Discretion
American Journal of Political Science, 1994This paper investigates the design of administrative procedures when policy consequences are uncertain. In general, when deciding how much discretion to delegate, legislators must trade off informational gains from agency expertise and distributive losses from bureaucratic drift.
David Epstein, Sharyn O'Halloran
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Administrative Discretion & Limitation on Administrative Discretion By Article 14 & 16 of the Indian Constitution [PDF]
SSRN Electronic Journal, 2009 Administrative actions are either ministerial or discretionary. A ministerial function is one where the authority has a duty to do a particular thing in a particular way. Such actions are however exceptional. In most administrative actions, the administrative authority has the power either to act or not to act in one way or the other. This power to act
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Managing Outsourced Administrative Discretion
State and Local Government Review, 2013An entire body of administrative law exists to guide the administrative discretion of public administrators. Although an increasing share of public services is being outsourced to the private sector, much of administrative law is not applicable to governments’ contracted agents.
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Ethics and Administrative Discretion in a Unified Administration
Administration & Society, 2004Lack of public trust and confidence in government can have a significant impact on the future of the public service profession. This study brings to the forefront a normative discussion of administrative behavior and the building of trust as perceived fromthe works of the 18th-century political philosopher Edmund Burke. By exploring Burke’s concept of
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PROFESSIONAL DISCRETION IN SOCIAL WELFARE ADMINISTRATION
Administration in Social Work, 1979The allocation of wide powers of discretion to professionals in public administration in general, and in social services in particular, rests upon a variety of considerations. This analysis seeks to illuminate the shortcomings of a sweeping approach to the problem and the need for differentiation.
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The Administrative State, the Exercise of Discretion, and the Constitution
Public Administration Review, 2007Steven Cann is a professor of political science at Washburn University in Topeka, Kansas. He is the author of Administrative Law (Sage, 4th ed., 2006) and publishes in the area of constitutional law, especially civil rights and liberties.
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