For PhD doctorate only: Correct / Refresh Admin. Law paper

Administrative Law: Relationship between Democracy and Bureaucracy

Introduction

Administrative law is a vast area that is concerned with the rules, regulations, and laws that govern the functioning of the government agencies that are given specialized powers by the executive, legislative, and judiciary to implement the responsibilities as enshrined in the American Constitution. Democracy is a system of governance that focuses on individual rights and notions. The relationship between democracy and bureaucracy will be studied in this paper with reference to administrative law.

Definition of Bureaucracy

Bureaucracy is a form of organization in which management retains tight control over the decision making structures. The presence of a hierarchy means that workers need to perform their routine tasks. Standard operating procedures are used as a means of formalizing work activities. Routine tasks can be performed without the need for hassle or problems. Bureaucracies have been typically associated with red tape, inefficiency, and ineffectiveness. There has been a perception that bureaucracies tend to be outdated forms of organization given the rise of agile and decentralized management structures. Bureaucracies remain valid for certain types of organizations (Fox, 2012). For instance large scale organizations require the presence of routine tasks which can be used to ensure efficiency and effectiveness. Universal bureaucratic principles emphasize on accountability and transparency as a means of ensuring success. It is through the use of integrated and coordinated approaches that success can be attained in the long term and short term. Furthermore, bureaucracies tend to develop performance appraisal systems which can motivate and stimulate the passions of the workforce. Bureaucracies are rational in nature because they have the ability to prevent conflict of interests between the workers and management. This is achieved through the presence of common ground which can lead to superior outcomes for the entire organization (Fox, 2012).

Definition of Democracy

Democracy is based on the promotion of human rights and freedom for all its citizens. It seeks to focus on independence, safety, and integrity. Economic policies are to be pursued with moderation in order to satisfy the aspirations of the masses. It also seeks to emancipate and empower special groups like women, minorities, and ethnic groups in order to include them in the social and economic progress (Fox, 2012). Such an approach has been devised in order to achieve self sufficiency and promote human rights values. American democracy is based on the fundamental respect of each individual. It seeks to incorporate policies and procedures that will aid in the establishment of these foundational values. American policy makers know that an integrated and coordinated approach is the best and prudent towards the resolution of problems. Democracy has broad based consensus and dialogue over several issues. This has been a flourishing and careful approach because it seeks to initiate massive restructuring and revitalization of American society. Economic and political mobility are the keys to the success of American democracy (Fox, 2012). Confronting and tackling economic and political problems requires the application of innovative and creative strategies.

Relation between Democracy and Bureaucracy

The relation between democracy and bureaucracy in the context of American administrative law is very complex. In essence, US administrative law focuses on statutes, common law, and directives that are passed by the Office of Information and Regulatory Affairs. The different branches of the American political system do not have the ability to directly implement their responsibilities and policies (Mashaw, 2012). As a consequence, the specialized responsibilities are given to specific agencies, boards, and commissions so that they can evaluate and supervise activities in various areas ranging from securities market to healthcare management. Administrative law is derived from legal rules and principles that seek to describe the authority and organizational structure of administrative agencies. Moreover, they are about the ways of identifying the procedural requirements that are part of government agencies (Werhan, 2014). Another source is that the agency decisions have to be validated through the legal principles. Finally, the law seeks to identify the courts and government entities with respect to their job responsibilities. The relationship between democracy and bureaucracy is often complex. In the case of Whitman v. American Trucking Associations (2001), the United States Supreme Court had to decide a case in which the Environmental Protection Agency law known as the National Ambient Air Quality Standard (NAAQS) was challenged by the American Trucking Association with private organizations (Cann, 2013). The critical issues in the case were that whether the law had given legislative power to agency in an inappropriate manner. Moreover, the issue was also when the administrator of EPA had the authority to identify the costs of implementing in developing federal air quality standards. Bureaucracy has often been deemed to be unsuitable for the modern conditions in which fluctuations exist. It has been characterized as being rigid and inflexible in nature.

However, the reality is that certain aspects of bureaucracy remain appropriate even today. Formalization and hierarchy are essential features that are found in many organizations. In organizations that have standard tasks it is very suitable because there is little need for innovation and creativity. Furthermore, it can reduce conflicts between the members of the firm. Furthermore, it can lead to high levels of affection and motivation among the workforce. This is beneficial as it minimizes the chances of errors and disputes that can threaten the performance of organizations. Democratic government in the United States continues to adhere to the notion of bureaucracy. The ills associated with bureaucracy usually involve organizations that are in countries with little levels of accountability and transparency (Mashaw, 2012). One of the greatest aspects of bureaucracy is the need for performance appraisal systems within organizations. This helps to monitor and evaluate the employees in a proficient manner. Furthermore, job descriptions are defined in the organization that can help remove ambiguities in the process. The presence of financial accounting systems and grievance procedures is another benefit which is associated with the organization. Bureaucracy neutralizes conflicts between workers and management through specific procedures and policies. Supervision and coordination is considered to be essential because members must adhere to these policies (Mashaw, 2012). This creates a common interest for members of the organization as they are the primary stakeholders. It is through the use of integrated approaches that success can be attained in a competitive environment. The general perception is that bureaucratic administrators must be able to act as moral agents in society through their ability to exercise discretion. In essence, the bureaucrats are considered to be important because they have to reflect the societal values.

Furthermore, the administrators are perceived to be role models for society as they have to follow laws and regulations. However, the cases that have come create the perception that bureaucracy is unfair with high levels of distrust among the public towards them (Cann, 2013).

The corruption in government is considered to be significant because it helps to create a negative impression for the bureaucracy. Accountability and transparency are important issues that confront administrative law as the goal is to ensure that administrative agencies can implement high levels of accountability and transparency. Bureaucracy is also relevant in organizations that require adherence and timeliness in order to achieve their goals. Formalization can help in key sectors like the military, healthcare, and police where discipline and cohesion are required. These organizations must maintain their competitive edge in order to achieve superior outcomes. Repetitive tasks demand the presence of a bureaucratic structure. This helps because routine tasks do not require high levels of skills (Cann, 2013). Formalization and control can help to ensure the success of organizations. This creates a collaborative environment for success with an emphasis on efficiency and effectiveness. The political framework of the US is based upon the presence of certain values and principles that are mutually binding on them. A system of values and beliefs exists which form the basic precepts of democracy. The system helps to identify with the basic rights of citizens. It seeks to create superior standards of fairness and impartiality in order to remove structures and attitudes that promote negative attitudes. Each individual must be allowed to exercise independence and autonomy in order to become accountable and dependable citizens. Minorities and special interest groups have been protected through extensive legislation. It has become mandatory upon employers and educational institutions to provide equal facilities and opportunities to people belonging to special interest groups (Mashaw, 2012).

In several cases, the courts have sought to reduce the actions of bureaucracy which was perceived as violating the principles of democracy which include individual rights and fairness. The case of Industrial Union Department v. American Petroleum Institute (1980), the courts argued that the Secretary of Labor had failed to provide information regarding significant risks which can jeopardize the health of workers (Mashaw, 2012). The goal of the courts has been to ensure that the bureaucracy strives to meet the standards of fairness and accountability so that public interest can be safeguarded. In another case which was that of Citizens to Preserve Overton Park v Vole (1971), the courts stated that the creation of a highway in Overton Park violated with several laws as there were several alternatives to the highway that would have been created through the park. Bureaucracies have tended to become inefficient with red tape and corruption that means the use of administrative law by courts in order to safeguard the rights and interests of the citizens of the United States of America (Mashaw, 2012). This is an important concept since it leads to the highest levels of efficiency and effectiveness. It helps to create a collaborative environment for success. Another landmark case was the IRS Tea Party Controversy in which the courts decided that IRS had asked Tea party affiliated groups some invasive questions that were in violation of the rules of privacy and confidentiality.

Conclusion

The relation between democracy and bureaucracy in the context of American administrative law is very complex. In essence, US administrative law focuses on statutes, common law, and directives that are passed by the Office of Information and Regulatory Affairs. The different branches of the American political system do not have the ability to directly implement their responsibilities and policies. As a consequence, the specialized responsibilities are given to specific agencies, boards, and commissions so that they can evaluate and supervise activities in various areas ranging from securities market to healthcare management. Administrative law is derived from legal rules and principles that seek to describe the authority and organizational structure of administrative agencies. Moreover, they are about the ways of identifying the procedural requirements that are part of government agencies.

Literature Review

The article focuses on the growth of the administrative state which means that regulatory agencies have now come to encompass vast public powers that control the various aspects of economic and social life (Rodriguez & Weingast, 2015). The growth of modern regulatory administration occurred in the New Deal. The goal was that technocratic and apolitical agencies should be liberated from political and judicial control. Moreover, they should be able to provide discretion without any type of government regulation or interference. However, the article argues that this model of public agencies is not feasible or practical in the modern world. This is because public agencies must be restrained through the notions of legality and fairness. This means that administrative law is rapidly changing because judges are striving to rescue the administrative case. The goal of the judiciary has been to protect the rights enshrined in the Constitution as representative of democracy. The collective action by courts has been considered to be important in the evolution of American regulatory politics. However, the article states that political changes have also played a critical role in influencing the regulatory administration (Rodriguez & Weingast, 2015). The reform of administrative law is therefore something that has been done due to the regulation of courts as well as the political system. This is important to prevent the public agencies from exercising administrative discretion in such a manner that it would infringe on the rights of individuals and communities.

The article insists that the transformation of the administrative law has been because of political system instead of the concept of judges (Rodriguez & Weingast, 2015). This is because the wide range of lobbies and interest groups in the 1970s and 1980s created the need for Congress to develop proactive and dynamic strategies that would be used for achieving critical success within short time period. The reform of administrative law has therefore been multi-institutional as the judiciary, legislative, and executive have sought to restrain public agencies in order to safeguard the interests of democracy. As a consequence, the agencies were forced to carry out the reforms under the influence of political dynamics. The courts used judicial goals to ensure that the precepts of democracy would be safeguarded in an efficient manner. The pressure of interest groups also meant that administrative law had to be reformed through the use of integrated and coordinated strategies. The article argues that the courts protected individual rights while striving to ensure that adequate participation through the use of constitutional review would be achieved (Rodriguez & Weingast, 2015). The courts sought to respect the officials’ ability to manage policymaking in the context of regulation. The analysis of the article suggests that bureaucracy has been subjected to regulation by multiple institutions. Administrative law has come to encompass the use of integrated approaches that would lead to long term success.

References

Fox, W. F. (2012). Understanding administrative law. LexisNexis.

Werhan, K. (2014). Principles of Administrative Law, 2d (Concise Hornbook Series). West Academic.

Mashaw, J. L. (2012). Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law. Yale University Press.

Cann, S (2013). Administrative Law. Sage Publications

Rodriguez, D. B., & Weingast, B. R. (2015). The “Reformation of Administrative Law” Revisited. Journal of Law, Economics, and Organization, 31(4), 782-807.