Anti-Domination and Administration
The foundations of the administrative state are being reshaped, both by the continuing transformations of administrative law doctrine by the courts and by the ambitions for restructuring the executive branch among the current presidential administration. But at the same time, a defense of existing administrative structures seems inadequate. There are very real questions about the […]The postAnti-Domination and Administrationappeared first onNYU Law Review.
The foundations of the administrative state are being reshaped, both by the continuing transformations of administrative law doctrine by the courts and by the ambitions for restructuring the executive branch among the current presidential administration. But at the same time, a defense of existing administrative structures seems inadequate. There are very real questions about the […]The postAnti-Domination and Administrationappeared first onNYU Law Review.
Executive Summary
The article discusses the evolving foundations of the administrative state, shaped by transformations in administrative law doctrine and presidential ambitions to restructure the executive branch. It highlights the inadequacy of defending existing administrative structures and raises questions about their effectiveness. The article sets the stage for exploring the concept of anti-domination in the context of administration, implying a need for a more nuanced approach to administrative law and governance.
Key Points
- ▸ Evolution of administrative law doctrine
- ▸ Presidential ambitions for executive branch restructuring
- ▸ Inadequacy of current administrative structures
Merits
Timely Analysis
The article provides a timely and relevant analysis of the administrative state's foundations
Demerits
Lack of Concrete Solutions
The article raises important questions but does not offer concrete solutions or proposals for reform
Expert Commentary
The article's exploration of anti-domination in administration is a crucial step in rethinking the administrative state. It underscores the need for a more nuanced understanding of power dynamics within administrative structures. By highlighting the limitations of current frameworks, the article encourages scholars and policymakers to consider innovative approaches to administrative governance, ones that balance efficiency with accountability and transparency. This could involve reexamining the role of judicial review, legislative oversight, and public participation in shaping administrative decision-making processes.
Recommendations
- ✓ Further research into the concept of anti-domination and its application to administrative law
- ✓ Development of policy proposals that address the inadequacies of current administrative structures
