The Quest for Administrative Salvation

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  • The Quest for Administrative SalvationDemocratic Process and Administrative Law by Robert S. Lorch; Administrative Justice:Advocacy and Change in Government Agencies by Philippe Nonet; Democracy in theAdministrative State by Emmette S. RedfordReview by: Marver H. BernsteinPublic Administration Review, Vol. 32, No. 1 (Jan. - Feb., 1972), pp. 70-76Published by: Wiley on behalf of the American Society for Public AdministrationStable URL: http://www.jstor.org/stable/974495 .Accessed: 16/06/2014 06:01

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  • PUBLIC ADMINISTRATION REVIEW PUBLIC ADMINISTRATION REVIEW

    mobiles, nor would they make it possible to substitute public transit for new expressways and arterials to meet anticipated needs for future

    passenger and goods movements. In the face of these facts about the economics of transportation in metropolitan areas, governmental decisions to improve or extend public transit systems, Creigh- ton contends, have to be resolved by the political process.

    For the "captive" transit users, these who do not have cars or cannot drive, public policy could define specific areas to be served by mass transpor- tation facilities as well as the standards of fre-

    THE QUEST FOR

    ADMINISTRATIVE SALVATION

    Marver H. Bernstein Princeton University

    Democratic Process and Administrative Law, Robert S. Lorch. Detroit: Wayne State Univer-

    sity Press, 1969. Pp. 262, $8.50.

    Administrative Justice: Advocacy and Change in Government Agencies, Philippe Nonet. New York: Russell Sage Foundation, 1969. Pp. 279, $8.00.

    Democracy in the Administrative State, Emmette S. Redford. New York: Oxford University Press, 1969. Pp. 211, $5.00.

    At the outset, the reviewer is frank to admit that the central concerns of the three books noted above are so different that a concentration on any theme common to them would do justice to none of them. I propose therefore to characterize each of them briefly and to focus on a topic suggested by Professor Redford's important attempt to analyze the areas of overlap or convergence of

    democracy and administration. Lorch has written a commentary on the admini-

    strative exercise of legislative and judicial power. His primary concern is the need for control of administrative power in the interest of fairness and democracy. He covers conventional topics of administrative adjudication and rule making, dele- gation of legislative power to administrative agen-

    mobiles, nor would they make it possible to substitute public transit for new expressways and arterials to meet anticipated needs for future

    passenger and goods movements. In the face of these facts about the economics of transportation in metropolitan areas, governmental decisions to improve or extend public transit systems, Creigh- ton contends, have to be resolved by the political process.

    For the "captive" transit users, these who do not have cars or cannot drive, public policy could define specific areas to be served by mass transpor- tation facilities as well as the standards of fre-

    THE QUEST FOR

    ADMINISTRATIVE SALVATION

    Marver H. Bernstein Princeton University

    Democratic Process and Administrative Law, Robert S. Lorch. Detroit: Wayne State Univer-

    sity Press, 1969. Pp. 262, $8.50.

    Administrative Justice: Advocacy and Change in Government Agencies, Philippe Nonet. New York: Russell Sage Foundation, 1969. Pp. 279, $8.00.

    Democracy in the Administrative State, Emmette S. Redford. New York: Oxford University Press, 1969. Pp. 211, $5.00.

    At the outset, the reviewer is frank to admit that the central concerns of the three books noted above are so different that a concentration on any theme common to them would do justice to none of them. I propose therefore to characterize each of them briefly and to focus on a topic suggested by Professor Redford's important attempt to analyze the areas of overlap or convergence of

    democracy and administration. Lorch has written a commentary on the admini-

    strative exercise of legislative and judicial power. His primary concern is the need for control of administrative power in the interest of fairness and democracy. He covers conventional topics of administrative adjudication and rule making, dele- gation of legislative power to administrative agen-

    quency and rapidity of service to be maintained.

    People who must rely on public transportation would then know where they would have to live and work in order to obtain this service. If higher density, open occupancy residential areas near

    employment centers that could be served by public transportation were to be developed outside of the central cities, then a variety of living and working opportunities could be made available to those now confined to the center. But these measures would require stronger metropolitan planning and development initiatives by public authority than are now possible.

    cies, judicial review of administrative decisions, and fairness in adjudication. He believes that a

    type of administrative court is developing in which

    hearing officers serve increasingly as administrative

    judges, and he recommends that their decisions be made reviewable only in an appellate court. He rejects the feasibility of internal separation of the functions of prosecutor and judge in regulatory agencies and proposes that the union of policy making and adjudication be avoided. His commen- tary is unexceptional and contributes little to our

    enlightenment on the issues that he analyzes. Nonet's fascinating volume traces the process

    by which the Industrial Accident Commission of California changed from a welfare agency with broad policy discretion into a relatively passive arbitrator of disputes over industrial accident claims. It is a sensitive, sophisticated study of the transformation of a welfare agency into a court of law. Over half a century since its creation in 1910, the Commission had lost its sense of initiative and public mission, acquired the outlook of a passive arbitrator, and became responsible primarily to the interests it was originally intended to regulate. In accounting for the Commission's retreat from social action to "judicialism," Nonet provides a detailed analysis of dynamic change in an adminis- trative agency in which legalization is conceived as a "natural pathology of administration" (p. 247) that is closely linked to the privatization of the aims of public policy. As a study of the interplay of law, politics, and administration, it is remark- ably insightful and indeed profound.

    What are "the potentialities for democracy where decisions are made and carried out through administrative institutions?" (p.v). Beginning with

    quency and rapidity of service to be maintained.

    People who must rely on public transportation would then know where they would have to live and work in order to obtain this service. If higher density, open occupancy residential areas near

    employment centers that could be served by public transportation were to be developed outside of the central cities, then a variety of living and working opportunities could be made available to those now confined to the center. But these measures would require stronger metropolitan planning and development initiatives by public authority than are now possible.

    cies, judicial review of administrative decisions, and fairness in adjudication. He believes that a

    type of administrative court is developing in which

    hearing officers serve increasingly as administrative

    judges, and he recommends that their decisions be made reviewable only in an appellate court. He rejects the feasibility of internal separation of the functions of prosecutor and judge in regulatory agencies and proposes that the union of policy making and adjudication be avoided. His commen- tary is unexceptional and contributes little to our

    enlightenment on the issues that he analyzes. Nonet's fascinating volume traces the process

    by which the Industrial Accident Commission of California changed from a welfare agency with broad policy discretion into a relatively passive arbitrator of disputes over industrial accident claims. It is a sensitive, sophisticated study of the transformation of a welfare agency into a court of law. Over half a century since its creation in 1910, the Commission had lost its sense of initiative and public mission, acquired the outlook of a passive arbitrator, and became responsible primarily to the interests it was originally intended to regulate. In accounting for the Commission's retreat from social action to "judicialism," Nonet provides a detailed analysis of dynamic change in an adminis- tra