Lecture14_pt1

Lecture14_pt1 - The New Social Regulation and The New...

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Unformatted text preview: The New Social Regulation and The New Social Regulation and the Transformation of the Transformation of Administrative Law Administrative Law From Protection Against Unwarranted Governmental Intrusion to the Guarantee of Fair Representation PART I PART I Introduction Introduction Todays Topic Perhaps the most distinctive aspect of the societal regime The transformation of administrative law that accompanies the new social regulation Introduction Introduction The central concern of American law in the field of regulation: The containment of administrative discretion Arbitrary decision making Willful actions not grounded in accepted standards of public interest Abuse of power Corruption The protection of the regulated communities from unauthorized govt infringements upon their individual rights and liberties Introduction Introduction Who regulates the regulators? The courts Introduction Introduction What is administrative law? Procedural requirements (enforced by courts) developed to regulate the application of govt power and curb unwarranted agency discretion Legitimates the exercise of coercive power over private citizens by growing body of unelected govt officials Introduction Introduction The transformation of administration law in the 1960s-1970s Introduction Introduction The transformation of administration law in the 1960s-1970s From the protection of the right to be left alone A right extended to those with a direct material stake in govt regulations Introduction Introduction The transformation of administration law in the 1960s-1970s From the protection of the right to be left alone A right extended to those with a direct material stake in govt regulations To the guarantee of fair representation to a wider range of interests beyond those w/ a direct material stake in regulatory actions The replication of the legislative process in administrative decision making The Traditional Model(s) of The Traditional Model(s) of Administrative Containment Administrative Containment The Traditional Model(s) of The Traditional Model(s) of Administrative Containment Administrative Containment Two phases of traditional administrative law model Transmission belt theory (1880s-1930s) The traceability requirement Expertise theory (1930s-1960s) The Traditional Model(s) of The Traditional Model(s) of Administrative Containment Administrative Containment Two phases of traditional administrative law model Transmission belt theory (1880s-1930s) The traceability requirement Expertise theory (1930s-1960s) What they share in common: Concern to protect the personal liberties/ private property rights of interests directly and materially affected by govt reg. actions The right to be free from arbitrary govt intrusions Transmission Belt Theory of...
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This note was uploaded on 04/02/2008 for the course POL SCI 147C taught by Professor James during the Winter '08 term at UCLA.

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Lecture14_pt1 - The New Social Regulation and The New...

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