Some Recent Proposals in the Sphere of Administrative Justice

Kenneth C. Cole

American Political Science Review, 1938, vol. 32, issue 5, 926-931

Abstract: Among the problems touched upon by the President's Committee on Administrative Management is that of the role of administrative discretion in the governmental process. Both Professor Hart and Professor Cushman have contributed to the statement of, and have suggested solutions for, this problem.1 Professor Hart is concerned with the exercise of a rule-making discretion at the administrative level, and has ably defended the exercise of this type of decision-making by personnel under the control of the Executive rather than Congress. In other words, the mere fact that administrative action takes the form of general rules does not relate it functionally to the legislative department, and once the notion that rule-making is “legislation” in a separation-of-powers sense is got out of the way, the case for a complete integration of such powers under the control of the President can be pushed through to unqualified conclusion.

Date: 1938
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