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Administrative Law

Selected Works

David J. Arkush

2012

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Democracy And Administrative Legitimacy, David J. Arkush Dec 2011

Democracy And Administrative Legitimacy, David J. Arkush

David J. Arkush

This Essay examines the three ideals that underlie most models of administrative legitimacy—the rule of law, sound public policy, and democracy—as well as their associated models of administration, and it argues that administrative legitimacy efforts are best focused on the democracy ideal. Reforms guided by the rule of law and public policy ideals have far less potential to contribute to administrative legitimacy for two reasons: there is little evidence that the ideals are underserved in present administration, and each ideal suffers from deep conceptual problems that inherently limit its contributions.

Reforms driven principally by the democracy ideal also have fallen …