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Agents Without Principals?: Delegation In An Age Of Diffuse And Fragmented Governance, Peter Lindseth
Agents Without Principals?: Delegation In An Age Of Diffuse And Fragmented Governance, Peter Lindseth
Peter L. Lindseth
In an earlier essay, Professor Lindseth argued that the notion of delegation from the national legislature, as well as the principal-agent relationship that it implies, should be retained in our understanding of the transfer of regulatory power from the nation-state to supranational institutions. In this essay, Professor Lindseth extends this argument to self-regulation and privatization. He recognizes that the nature of regulatory power in an era of diffuse “governance” makes it difficult to sustain the notion of delegation empirically, because the effective holders of regulatory power do not operate under the national legislature’s supervision and control in any realistic sense. …
‘Always Embedded' Administration: The Historical Evolution Of Administrative Justice As An Aspect Of Modern Governance, Peter Lindseth
‘Always Embedded' Administration: The Historical Evolution Of Administrative Justice As An Aspect Of Modern Governance, Peter Lindseth
Peter L. Lindseth
The administrative sphere is where ‘the rubber meets the road’ in the modern state. It is the point of contact between state and society where efforts to implement specific legislative goals generate the ‘friction’ of social and political resistance. Various kinds of resistance to state action have long been the object of scholarly analysis, but some forms have received less attention than others. This chapter focuses on one of the less studied forms: what the French call 'le contentieux administratif,' or litigation initiated by private parties challenging the legality of administrative action. Through the mechanism of administrative litigation, private interests …