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Case study analysis
Case study analysis
Case study principles of management
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According to Cornelius Kerwin, "Rulemaking is the single most important function performed by agencies of government Rulemaking refines, and in some instances defines, the mission of every government agency. In so doing it provides direction and content from budgeting, program implementation, procurement, personnel management, dispute resolution, and other important government activities" (Preface XI). This is the foundation for the book, Rulemaking. The whole text primarily revolves around this statement. Throughout the book Kerwin's central theme is that rulemaking is the single most important function that any government agency has within its possession. Much like other admin law books he discusses how those agencies with their rulemaking powers interpret legislation and proceed forward with making policy. This book also elaborates on the study of rulemaking by giving examples through cases, studies, loads of government documentation and interviews with policy makers. Following the information and chapters is really easy. The book is illustrated with clear tables, charts, and figures. Each chapter is clearly defined and tables/figures are clearly marked after the table of contents. Going further into the layout of the book, the author chose a very "normal" approach to organization of the chapters. That process being, state, explain, and elaborate. It analyzes the management of rulemaking at three levels presidential, agency, and individual rule administration. Kerwin begins strong with the background of rulemaking, definitions of rulemaking, history, categories and reasoning. Logically he proceeds with "The Process of Rulemaking", followed by "Issues and Contradictions" in chapter three. He moves on to the management of r... ... middle of paper ... ...g. It also introduces the reader to the APA (Administrative Procedure Act), obviously one of the most important aspects of current Administrative Law. Chapter 3 gives you the current (according to the book) issues in rulemaking. It delves upon public participation problems, the quantity/quality of rules coming through Congress and agencies as well as control. Finally Chapter 7 is the thought provoking theory chapter that discusses what is needed in future research. Overall the book Rulemaking was an easy, informative read. It wasn't as dry as most administrative texts and was not loaded down with case after case written in legalese and complicated to follow. Chapters 1, 2, 3 and 7 will get you all the understanding that you need out of the text. It is highly recommended that the reader skim the other three chapters and read any cases/interviews contained within.
Often, when the discussion of American bureaucracy is broached in conversation, those holding these conversations often think of the many men and women who operate behind the scenes within the government. This same cross section of Americans is looked upon as the real power within the federal government and unlike the other branches of government, has little to no oversight. A search of EBSCO resulted in the following definition, an organization “structure with a rigid hierarchy of personnel, regulated by set rules and procedures” (Bureaucracy, 2007). Max Weber believed that a bureaucracy was technically the most efficient form of organization, one structured around official functions that are bound by rules, each function having its own specified competence (2007). This wide ranging group of Americans has operated within the gaps, behind the scenes, all under the three core branches of government: the legislative, executive, and judicial branches. The division of government into three branches and separate powers gives each branch both exclusive powers and some additional power...
The Constitution gives powers to Congress in order to execute its many responsibilities. These responsibilities are necessary and proper for carrying out its policies such as, imposing taxes and regulating interstate commerce. The constitution has 435 members in the House and 100 more in Senate. Congress faces issues with action problems and the solution to correcting these collective problems are at the expense of the incentive members. The Cabinet, President, state and federal courts, political groups, media, etc. all have input when determining a political decision in the United States. Open arrangement is an objective arranged strategy that the legislature follows in managing an issue or issue in the nation. Open approaches are focused around law; however numerous individuals other than officials set them. People, gatherings, and even government organizations that don 't follow strategies can be punished. This confounded procedure has been concluded with an anticipated arrangement of steps.
federal courts: A content analysis based on agency theory. PhD diss., The George Washington University.
Hall, Daniel E. Administrative Law: Bureaucracy in a Democracy. 5th ed. Upper Saddle River: Prentice Hall, 2012. Print.
I would recommend this book to all pursuing undergrad and graduate Law students because it shows how one person can change the Supreme Court's ruling. With all of the legal input and jargon throughout the entire book will benfit law students and they will understand that no matter how small or weak, the common people have the power.
As you can see this is an extremely repetitive process that follows main old practices and policies. Which is what a bureaucratic culture is built from.
Government regulation hits our pocketbooks as surely as taxes do, but there is little information available about its cost. At a time when deficit spending is out of favour, and there is little appetite for tax increases, this lack of accountability makes regulation a tempting way for governments to achieve their goals without increasing their spending. Between 1975 and 1999, over 117,000 new federal and provincial regulations were enacted, an average of 4,700 every year. Over this twenty-four year period, federal and provincial governments have published over 505,000 pages of regulations contained in volumes that measure 10 stories when stacked.
Roberson, C., Wallace, H., & Stuckey, G. B. (2013). Procedures in the justice system (1st ed.). [Vitalsource or Kaplan University]. Retrieved from https://online.vitalsource.com/#/books/9781269223119/pages/76743177
The United States government braces its power among three powerful branches, legislative, executive and judicial. These branches interact with one another to establish authority that is strong, yet equal to have power over the country. Each branch pursues certain responsibilities and duties to operate in an efficient and effective manner in which society upholds. The executive, legislative and judicial branches all interact amid each other to validate accuracy of the nation’s most powerful law of the land, the Constitution. It is important to know how these branches interact with each other to learn how a bill becomes a law. Reflecting on how the three branches promote a balance of power that is constructive to include the agendas and electoral roles that also plays a vast part in the government’s operation.
Kevin B. Smith, Alan Greenblatt, and John Buntin, Governing states and localities: First Edition (Washington, D.C.: CQ Press), 2005, 95.
This exercises the idea of independence within ‘different functions of government’; it is represented by the legislature, the executive and the judiciary. Separating the three prevents a dangerous occurrence where power is entirely centralized in one group.... ... middle of paper ... ... Carl F. Stychin and Linda Mulcahy, Legal Methods and Systems, (4th edn, Sweet & Maxwell 2010).
John Rohr views on Democratic Morality and the Administrative Law and how these laws affect the organizations. Democratic Morality deals with the issue that large organizations will have more control or influence on the development of policy. The Administrative law is concern with the legal aspect of the organization and the fairness across the board. The author examines the administrative law of democratic morality between the periods of 1800s and 1900s, with emphasis on the how democratic morality was used to bring about changes in the organizations. The author point is that bureaucrats who deal with policies should look to the Supreme Court for guidance on the constitution. It is important to understand the constitution and be able to explain why the attack on separation of powers in Congressional Government calls for changes in amendments to the constitution of the United States. The democratic morality policies as it relates to the law are constructed around the perspective of democratic responsiveness, public opinion, citizens, religious, and partisanship affect adoption of policy; these policies will include the U.S. Supreme Court. The Supreme Court has a profound effect on policy-making in America.
Judicial review seeks to enforce and uphold constitutional doctrines which govern the UK’s uncodified constitution by scrutinising administrative action. One constitutional function of judicial review is to enforce the rule of law. It can be argued, in defining the rule of law as “negative value...designed to minimised the harm to freedom and dignity which the law may cause in its pursuit of its goals” Joseph Raz characterised judicial review. The principle of which states the executive is to be ruled by the law and subject to it.
Traditional public administration is traced back to the works of scholars like Max Weber, Woodrow Wilson and Fredrick Taylor. This form of administration was mostly influenced by Max Weber with his bureaucratic model and theory. Max Weber was a well-known sociologist born in Germany in the year 1864. He came up with his bureaucratic model as a way to try to improve management in organizations. ‘Weber emphasized on top-down control in the form of monocratic hierarchy that is a system of control in which policy is set at the top and carried out through a series of offices, whereby every manager and employee are to report to one person in top management and held accountable by that manager’ (Pfiffner, 2004, p. 1).
...ot function properly. Politics and administration should be seen as very interconnected. It is worth reiterating just as the structure of governments has changed over the years, the structure and role of public administration have also changes dramatically. Furthermore, it is important to state that public administration has grown from its traditional role of merely implementing policies adopted by the “political” branches of government to playing very significant role in the formation of public policies. This is definitely more evident in regards to professional expertise bureaucratic officials provide during problem identification, agenda setting, policy formulation, and evaluation that shape the content of public policy today. Overall, the idea that Wilson has proposed gives an accurate idea of what the relationship should be between politics and administration.