서브메뉴
검색
The Last Invention of Democracy: Legitimating the Administrative State- [electronic resource]
The Last Invention of Democracy: Legitimating the Administrative State- [electronic resource]
상세정보
- 자료유형
- 학위논문
- Control Number
- 0016935936
- International Standard Book Number
- 9798380852081
- Dewey Decimal Classification Number
- 320
- Main Entry-Personal Name
- Havasy, Christopher S.
- Publication, Distribution, etc. (Imprint
- [S.l.] : Harvard University., 2023
- Publication, Distribution, etc. (Imprint
- Ann Arbor : ProQuest Dissertations & Theses, 2023
- Physical Description
- 1 online resource(305 p.)
- General Note
- Source: Dissertations Abstracts International, Volume: 85-05, Section: A.
- General Note
- Advisor: Beerbohm, Eric.
- Dissertation Note
- Thesis (Ph.D.)--Harvard University, 2023.
- Restrictions on Access Note
- This item must not be sold to any third party vendors.
- Summary, Etc.
- 요약The modern administrative state has exceptionally broad powers to generate rules and conduct adjudications that bind, coerce, or even expand, the rights and liberties of every citizen. Despite these powers, contemporary political theory has said relatively little about the place of the administrative state in democratic governance. This dissertation demonstrates that political theory did not always ignore administration. In fact, there was a robust conversation among 19th Century legal and political theorists in Europe regarding how to contain, control, and legitimate the nascent administrative state. However, lawyers on both sides of the Atlantic eventually became tasked with justifying the power of administrative institutions through administrative law. Unfortunately, well over a Century later, the task of legitimating the administrative state remains elusive to legal scholars. This dissertation then brings together intellectual history, public law, and political theory to generate a novel theory of administrative legitimacy called relational fairness. Relational fairness is an institutional structure whereby all potentially affected persons have the opportunity to actively participate on an equal basis with each other and the agency during administrative policymaking. Instead of justifying the administrative state through its connections other political institutions, such as the legislature or executive, the theory directly legitimates administrative institutions by structuring the relations between agencies and persons. The dissertation ends by applying relational fairness to the American federal administrative state to show how concrete doctrinal and structural changes according to the theory can improve its legitimacy.
- Subject Added Entry-Topical Term
- Political science.
- Subject Added Entry-Topical Term
- Law.
- Subject Added Entry-Topical Term
- History.
- Index Term-Uncontrolled
- Administrative institutions
- Index Term-Uncontrolled
- Administrative state
- Index Term-Uncontrolled
- Democratic theory
- Index Term-Uncontrolled
- Equality
- Index Term-Uncontrolled
- Legitimacy
- Index Term-Uncontrolled
- Political theory
- Added Entry-Corporate Name
- Harvard University Government
- Host Item Entry
- Dissertations Abstracts International. 85-05A.
- Host Item Entry
- Dissertation Abstract International
- Electronic Location and Access
- 로그인을 한후 보실 수 있는 자료입니다.
- Control Number
- joongbu:643996
MARC
008240221s2023 ulk 00 kor■001000016935936
■00520240214102124
■006m o d
■007cr#unu||||||||
■020 ▼a9798380852081
■035 ▼a(MiAaPQ)AAI30639778
■040 ▼aMiAaPQ▼cMiAaPQ
■0820 ▼a320
■1001 ▼aHavasy, Christopher S.▼0(orcid)0000-0002-2555-8380
■24510▼aThe Last Invention of Democracy: Legitimating the Administrative State▼h[electronic resource]
■260 ▼a[S.l.]▼bHarvard University. ▼c2023
■260 1▼aAnn Arbor▼bProQuest Dissertations & Theses▼c2023
■300 ▼a1 online resource(305 p.)
■500 ▼aSource: Dissertations Abstracts International, Volume: 85-05, Section: A.
■500 ▼aAdvisor: Beerbohm, Eric.
■5021 ▼aThesis (Ph.D.)--Harvard University, 2023.
■506 ▼aThis item must not be sold to any third party vendors.
■520 ▼aThe modern administrative state has exceptionally broad powers to generate rules and conduct adjudications that bind, coerce, or even expand, the rights and liberties of every citizen. Despite these powers, contemporary political theory has said relatively little about the place of the administrative state in democratic governance. This dissertation demonstrates that political theory did not always ignore administration. In fact, there was a robust conversation among 19th Century legal and political theorists in Europe regarding how to contain, control, and legitimate the nascent administrative state. However, lawyers on both sides of the Atlantic eventually became tasked with justifying the power of administrative institutions through administrative law. Unfortunately, well over a Century later, the task of legitimating the administrative state remains elusive to legal scholars. This dissertation then brings together intellectual history, public law, and political theory to generate a novel theory of administrative legitimacy called relational fairness. Relational fairness is an institutional structure whereby all potentially affected persons have the opportunity to actively participate on an equal basis with each other and the agency during administrative policymaking. Instead of justifying the administrative state through its connections other political institutions, such as the legislature or executive, the theory directly legitimates administrative institutions by structuring the relations between agencies and persons. The dissertation ends by applying relational fairness to the American federal administrative state to show how concrete doctrinal and structural changes according to the theory can improve its legitimacy.
■590 ▼aSchool code: 0084.
■650 4▼aPolitical science.
■650 4▼aLaw.
■650 4▼aHistory.
■653 ▼aAdministrative institutions
■653 ▼aAdministrative state
■653 ▼aDemocratic theory
■653 ▼aEquality
■653 ▼aLegitimacy
■653 ▼aPolitical theory
■690 ▼a0615
■690 ▼a0398
■690 ▼a0578
■71020▼aHarvard University▼bGovernment.
■7730 ▼tDissertations Abstracts International▼g85-05A.
■773 ▼tDissertation Abstract International
■790 ▼a0084
■791 ▼aPh.D.
■792 ▼a2023
■793 ▼aEnglish
■85640▼uhttp://www.riss.kr/pdu/ddodLink.do?id=T16935936▼nKERIS▼z이 자료의 원문은 한국교육학술정보원에서 제공합니다.
■980 ▼a202402▼f2024