An analysis of an article by J.E.Sowa and S.C. Selden, called "Administrative Discretion and Active Representation: An Expansion of the Theory of Representative Bureaucracy."
Analytical Essay # 52829 |
1,638 words (
approx. 6.6 pages ) |
1 source |
MLA | 2004
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$ 32.95
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Abstract
This paper examines this article whose purpose is to look at the theory of representative bureaucracy in a slightly different way. Most studies dealing with representative bureaucracy have focused on active representation, but have not looked into the administrative discretion that is often tied to it. It explains how this study seeks not only to discuss the theory of representative bureaucracy, but then move on to administrative discretion and how it is often tied into the active representation of what one does. The main research question is whether administrative discretion and active representation are actually tied together and whether it affects how individuals who are making decisions based on minority status tend to make decisions in favor of those who are of the same race or ethnic background as they are.
From the Paper
"The research model that is used is an empirical analysis and is conducted based on a housing loans program and whether individuals who are of minority descent will have a better chance of getting a home loan if the individual who is helping them with the loan is also of their same background. There are several variables in this particular study, with the first one being administrative discretion (Sowa & Selden, 2003). The variables that were chosen were utilized because they were believed that they would affect the behavior of various administrators and this in turn would determine whether decisions that had to do with minority interest would be made by these individuals. The administrative discretion is used in this particular study to see what impact it has on the various policy outcomes that work in favor of minority interest (Sowa & Selden, 2003)."
Tags:race, ethnic
A professional manual for employees regarding issues of administrative law as they would apply to an administrative agency.
Term Paper # 103819 |
1,091 words (
approx. 4.4 pages ) |
10 sources |
APA | 2008
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$ 22.95
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Abstract
This paper presents a professional manual for employees of a specific administrative agency. It briefly looks at administrative law and the procedures the department should avoid to ensure that no legal problems arise. Specifically, the paper outlines the concepts of discretion, credibility (and how applicant credibility is to be determined), standards with regards to bias (that is to say, what will henceforth be expected of subordinate decision-makers) and the extent of duty that will now be expected from all employees.
From the Paper
"Before leaving the issue of credibility, I wish also to point out the manner in which concerns about an applicant's credibility are to be spelled out. Henceforth, if there is a suspicion of deceit, precise instances of deception and contradiction must be noted in the final judgment. As well, particulars and context must be provided whenever a claimant cannot answer a question; in other words, if the client was unable to provide certain information because of extenuating circumstances, that needs to be highlighted. Finally, all decisions rendered by an adjudicator must be carefully examined by that adjudicator to ensure that logical fallacies, inconsistencies and contradictions are not present in the text of the decision - and that there is a complete apprehension of all the facts of the case by the adjudicator. For a good example of precisely the sort of thorough, post-mortem examination of their decisions that I want my adjudicators to undertake (especially with regards to decisions about the credibility of an applicant), please see the court decision in Hilo v. Canada (1991)."
Tags:claimant, judgement, discretion, credibility, standards
A professional manual for employees of an administrative agency.
Term Paper # 133226 |
1,250 words (
approx. 5 pages ) |
0 sources |
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Abstract
The paper briefly looks at administrative law and the procedures this department will not pursue so as to ensure no further legal problems arise. Specifically, this brief manual outlines the concepts of discretion, credibility (and how applicant credibility is to be determined), standards with regards to bias and the extent of duty that will now be expected from all employees. The paper shows how this agency will much more closely adhere to legal standards than it has in the past.
From the Paper
"The following paper will briefly look at administrative law and the procedures this department will not pursue so as to ensure no further legal problems arise. Specifically, the following brief manual will outline the concepts of discretion, credibility (and how applicant credibility is to be determined), standards with regards to bias (that is to say, what will henceforth be expected of subordinate decision-makers from this point forward) and the extent of duty that will now be expected from all employees. In the final analysis, this agency will much more..."
Tags:charter, administrative, law
Examines how discretion is used in the police force.
Term Paper # 69575 |
1,840 words (
approx. 7.4 pages ) |
6 sources |
APA | 2006
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$ 35.95
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Abstract
This paper is a discussion of the use of discretion in police work. It Includes its "mythical" aspects, considers its sources, and suggests how it might be controlled. The paper creates a list of ten police actions during which an officer might use discretion and why. It determines whether the use in each action is reasonable or an abuse of power.
From the Paper
"Peak has pointed to the fact that the law is simply unable to cover every situation a police officer faces and that given this fact there are numerous times when police must make choices about the ..."
Tags:police, discretion
An overview of the concept of police discretion.
Term Paper # 127860 |
500 words (
approx. 2 pages ) |
8 sources |
APA | 2008
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$ 10.95
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Abstract
This paper discusses the concept of police discretion, including definitions, as well as its advantages and disadvantages and the factors that influence an officer's decision-making process.
From the Paper
"Police discretion has been defined by Hawkins as the space between legal rules in which legal actors may exercise choice and by Galligan as a sphere of autonomy within which one's decisions are in some degree a matter of personal judgment and assessment. Brooks points out that police discretion occurs in situations where officers have some leeway or choice in how to respond to a situation. Since police organizations differ, the level of police discretion can differ as well."
Tags:police, officer, discretion, advantages, disadvantages, decision-making
A discussion regarding to what extent the functioning of political parties can explain the crisis of representation of the 'people' in modern democracies.
Research Paper # 95455 |
9,480 words (
approx. 37.9 pages ) |
13 sources |
MLA | 2006
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$ 116.95
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Abstract
This paper takes an in-depth look at political parties and issues that surround representation of the people in modern democracies. According to the paper, political parties, in their organization and their functioning, display numerous problems in terms of representation. The paper focuses particularly on two of these problems, the modes of government and the modes of funding. The paper also analyzes the aftermaths of the logic of electoral competition for the representation of the membership and the electorate.
From the Paper
"Political representation is quite a hard concept to grasp. It was rejected by the French during the Revolution as an impediment to the self-government of the people. Nonetheless, I will try to show that political representation is necessary for ensuring freedom in our modern democracies.
But first let us turn back to our French Revolution and the establishment of what could be considered as a quasi-totalitarian regime. In France, traditional feudal aristocratic society was undermined by an absolutist and centralist state. When the French Revolution broke out, the remaining feudal instances were destroyed even further (loi Le Chapelier), so that in fact only the individuals and the state remained without the traditional feudal corporations to mediate between them. The question then is how a society can be held together when it has been dismembered and robbed of the intermediary associations that had given it its concrete form and reality. Most revolutionaries followed republicans like Rousseau or Sieyes. The only way for them to bring about a post-feudal democratic order was by converting particular interests to the common good. Individuals were now called upon to set aside their particular preferences and to identify fully with the common will of the people in order to establish real popular sovereignty and equality. The Jacobin revolutionaries thus assumed that a true democracy could only be established if abstract democratic principles like formal equality, popular sovereignty or the unitary will of the people were indeed completely "turned into reality" (i.e. "actualized" or "materialized"), rather than merely respected (Weymans: 263-282). This is characteristic of totalitarian regimes. More so, to Claude Lefort totalitarianism represents a society's attempt to fully "materialize" or "actualize" democratic principles by making the people really one, equal, free or sovereign. That is also what distinguishes them from democratic regimes. While the totalitarian state tries to realize the principles (by embodying them), a democratic state prevents a society from realizing these (through representation), thus remaining distinct from and dependent on society. This distinction or alienation of the state from society is indeed necessary."
Tags:Political, Parties, Representation, People, Modern, Democracies
A look at various aspects of Canadian administrative law.
Analytical Essay # 132931 |
1,000 words (
approx. 4 pages ) |
0 sources |
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Abstract
The following paper answers eight questions that pertain to various aspects of Canadian administrative law. Specifically, the paper considers the tensions between procedural and substantive justice in procedural law and time is also devoted to looking at what constraints are placed upon adjudicators who make quasi-judicial decisions on behalf of the Canadian state.
From the Paper
"How do you define law? Answer: Generally speaking, 'the law' may be defined as the system of regulations, prohibitions, statutes, and judicial decisions that govern the interactions of individuals between each other and the interactions of the state with private individuals. Of course, the law also contains other elements besides the substantive ones outlining what can be done and what cannot be done by individuals. Most notably, there is the concept of procedural justice whereby the law is expected to be predictable and where..."
Tags:canadian, administrative, law
A discussion into the way that administrative rationalism relates to the environment.
Essay # 87296 |
1,800 words (
approx. 7.2 pages ) |
4 sources |
2005
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$ 34.95
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Abstract
This paper discusses the concept of administrative rationalism, which supposes that those in power within the environmental agencies of the country have a solid expertise in their fields. Furthermore, it suggests that these individuals have the relevant technical knowledge, the necessary authority, and will act in the public interest.
From the Paper
"Administrative Rationalism and the Environment The concept of administrative rationalism supposes that those in power within the environmental agencies of the country have a solid expertise in their fields. Furthermore, these individuals have the relevant technical knowledge, the necessary authority, and will act in the public interest (Howes). Administrative rationalism is directly related to the functions of the individual in the position of authority when issues relating to the environment are concerned, and the expertise that is considered viable for these individuals does not call upon outside sources to make determinations of policy. Howes contends that administrative rationalism exists in the areas of, o professional resource management bureaucracies; o pollution control agencies o regulatory policy instruments o environmental impact assessment o expert advisory commissions (Howes)."
Tags:administrative, rationalism, environment
This paper discusses the inequality present in political representation in the American democratic system.
Analytical Essay # 123953 |
1,000 words (
approx. 4 pages ) |
10 sources |
APA | 2008
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$ 21.95
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Abstract
A brief analysis of the political under-representation and inequality that is inherent in our democratic system, both for minorities and for average Americans.
From the Paper
"Many believe that the equal consideration of the preferences and interests of all citizens is one of the bedrock principles in a democracy. Despite this belief in the sanctity of equal representation it is a sad fact of American life that racial minorities and women have long been underrepresented in the federal government-and particularly in the U.S. Congress. Through much of American history national state and local governments denied these groups the full rights of citizenship enshrining political inequality into law. This paper will analyze ..."
Tags:politics, equality, representation, minorities, campaign, finance
A discusses on sacred representation in modern film.
Essay # 70880 |
2,300 words (
approx. 9.2 pages ) |
11 sources |
MLA | 2003
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$ 42.95
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Abstract
This paper discusses the issue of sacred representation, particularly those that are Christian in nature, in modern film using the movies. The paper uses the films, "Seven," "The Green Mile" and "Dogma" as examples. The paper also includes an annotated bibliography.
From the Paper
"Chris Arthur stated that there are some important questions as yet unanswered as to where film intersects or should intersect with religion in contemporary society Arthur believes that popular film can be an important ..."
Tags:Film, sacred representation, Seven, The Green Mile, Dogma