The Conditions of Discretion

The Conditions of Discretion

Author: Joel Handler

Publisher: Russell Sage Foundation

Published: 1986-08-20

Total Pages: 342

ISBN-13: 1610442679

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This timely book is concerned with interactions between ordinary people and large public bureaucracies—interactions that typically are characterized by mutual frustration and antagonism. In fact, as Joel Handler points out, the procedural guidelines intended to ensure fairness and due process fail to take account of an initial imbalance of power and tend to create adversarial rather than cooperative relationships. When the special education needs of a handicapped child must be determined, parents and school administrators often face an especially painful confrontation. The Conditions of Discretion focuses on one successful approach to educational decision making (developed by the school district of Madison, Wisconsin) in order to illustrate how such interactions can be restructured and enhanced. Madison's creative plan regards parents as part of the solution, not the problem, and uses "lay advocates" to turn conflict into an opportunity for communication. Arrangements such as these, in Handler's analysis, exemplify the theoretical conditions under which discretionary decisions can be made fairly and with the informed participation of all concerned. The Conditions of Discretion offers not only a detailed case study, sympathetically described, but also persuasive assessments of major themes in contemporary legal and social policy—informed consent, bureaucratic change, social movement activity, the relationship of the individual to the state. From these strands, Handler weaves a significant new theory of cooperative decision making that integrates the public and the private, recognizes the importance of values, and preserves autonomy within community. "A masterful blend of social criticism, social sciences, and humane, constructive thought about the future of the welfare state." —Duncan Kennedy, Harvard Law School


Book Synopsis The Conditions of Discretion by : Joel Handler

Download or read book The Conditions of Discretion written by Joel Handler and published by Russell Sage Foundation. This book was released on 1986-08-20 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely book is concerned with interactions between ordinary people and large public bureaucracies—interactions that typically are characterized by mutual frustration and antagonism. In fact, as Joel Handler points out, the procedural guidelines intended to ensure fairness and due process fail to take account of an initial imbalance of power and tend to create adversarial rather than cooperative relationships. When the special education needs of a handicapped child must be determined, parents and school administrators often face an especially painful confrontation. The Conditions of Discretion focuses on one successful approach to educational decision making (developed by the school district of Madison, Wisconsin) in order to illustrate how such interactions can be restructured and enhanced. Madison's creative plan regards parents as part of the solution, not the problem, and uses "lay advocates" to turn conflict into an opportunity for communication. Arrangements such as these, in Handler's analysis, exemplify the theoretical conditions under which discretionary decisions can be made fairly and with the informed participation of all concerned. The Conditions of Discretion offers not only a detailed case study, sympathetically described, but also persuasive assessments of major themes in contemporary legal and social policy—informed consent, bureaucratic change, social movement activity, the relationship of the individual to the state. From these strands, Handler weaves a significant new theory of cooperative decision making that integrates the public and the private, recognizes the importance of values, and preserves autonomy within community. "A masterful blend of social criticism, social sciences, and humane, constructive thought about the future of the welfare state." —Duncan Kennedy, Harvard Law School

Street-Level Bureaucracy

Street-Level Bureaucracy

Author: Michael Lipsky

Publisher: Russell Sage Foundation

Published: 1983-06-29

Total Pages: 263

ISBN-13: 1610443624

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Street-Level Bureaucracy is an insightful study of how public service workers, in effect, function as policy decision makers, as they wield their considerable discretion in the day-to-day implementation of public programs.


Book Synopsis Street-Level Bureaucracy by : Michael Lipsky

Download or read book Street-Level Bureaucracy written by Michael Lipsky and published by Russell Sage Foundation. This book was released on 1983-06-29 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Street-Level Bureaucracy is an insightful study of how public service workers, in effect, function as policy decision makers, as they wield their considerable discretion in the day-to-day implementation of public programs.

Abuse of Discretion

Abuse of Discretion

Author: Clarke D. Forsythe

Publisher: Encounter Books

Published: 2013-10-14

Total Pages: 498

ISBN-13: 1594036926

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Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health. Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued. Discuss Abuse of Discretion on Twitter using hashtag #AbuseOfDiscretion.


Book Synopsis Abuse of Discretion by : Clarke D. Forsythe

Download or read book Abuse of Discretion written by Clarke D. Forsythe and published by Encounter Books. This book was released on 2013-10-14 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on 20 years of research, including an examination of the papers of eight of the nine Justices who voted in Roe v. Wade and Doe v. Bolton, Abuse of Discretion is a critical review of the behind-the-scenes deliberations that went into the Supreme Court's abortion decisions and how the mistakes made by the Justices in 1971-1973 have led to the turmoil we see today in legislation, politics, and public health. The first half of the book looks at the mistakes made by the Justices, based on the case files, the oral arguments, and the Justices’ papers. The second half of the book critically examines the unintended consequences of the abortion decisions in law, politics, and women’s health. Why do the abortion decisions remain so controversial after almost 40 years, despite more than 50,000,000 abortions, numerous presidential elections, and a complete turnover in the Justices? Why did such a sweeping decision—with such important consequences for public health, producing such prolonged political turmoil—come from the Supreme Court in 1973? Answering those questions is the aim of this book. The controversy over the abortion decisions has hardly subsided, and the reasons why are to be found in the Justices’ deliberations in 1971-1972 that resulted in the unprecedented decision they issued. Discuss Abuse of Discretion on Twitter using hashtag #AbuseOfDiscretion.

Discretion in the Welfare State

Discretion in the Welfare State

Author: Anders Molander

Publisher: Taylor & Francis

Published: 2016-09-13

Total Pages: 101

ISBN-13: 131545047X

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This book shows why the delegation of discretionary powers to professionals in the front-line of the welfare state is both unavoidable and problematic. It adds an epistemic dimension to the structural understanding of discretion, distinguishing between structural and epistemic measures of accountability.


Book Synopsis Discretion in the Welfare State by : Anders Molander

Download or read book Discretion in the Welfare State written by Anders Molander and published by Taylor & Francis. This book was released on 2016-09-13 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows why the delegation of discretionary powers to professionals in the front-line of the welfare state is both unavoidable and problematic. It adds an epistemic dimension to the structural understanding of discretion, distinguishing between structural and epistemic measures of accountability.

Deliberate Discretion?

Deliberate Discretion?

Author: John D. Huber

Publisher: Cambridge University Press

Published: 2002-09-02

Total Pages: 308

ISBN-13: 9780521520706

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This book explains the different approaches legislators use when they write laws.


Book Synopsis Deliberate Discretion? by : John D. Huber

Download or read book Deliberate Discretion? written by John D. Huber and published by Cambridge University Press. This book was released on 2002-09-02 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explains the different approaches legislators use when they write laws.

Exercising Discretion

Exercising Discretion

Author: Loraine Gelsthorpe

Publisher: Routledge

Published: 2012-12-06

Total Pages: 244

ISBN-13: 1134032064

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The exercise of discretion in the criminal justice system and related agencies often plays a key part in decisions which are made, but definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book seeks to explore the importance of discretion to an understanding of the nature of the 'making of justice' in theory and practice, taking as its starting point the wide discretionary powers wielded by many of the key players in the criminal justice and related systems. It focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.


Book Synopsis Exercising Discretion by : Loraine Gelsthorpe

Download or read book Exercising Discretion written by Loraine Gelsthorpe and published by Routledge. This book was released on 2012-12-06 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: The exercise of discretion in the criminal justice system and related agencies often plays a key part in decisions which are made, but definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book seeks to explore the importance of discretion to an understanding of the nature of the 'making of justice' in theory and practice, taking as its starting point the wide discretionary powers wielded by many of the key players in the criminal justice and related systems. It focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organisations to decide, select or interpret vague standards, requirements or statutory uncertainties.

Handled with Discretion

Handled with Discretion

Author: John Kleinig

Publisher: Rowman & Littlefield

Published: 1996

Total Pages: 246

ISBN-13: 9780847681778

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This collection of essays examines the nature of police discretion and its many varieties. The essays explore the kinds of judgment calls police officers frequently must make : When should they get involved? Whom should they watch? What constitutes a disturbance of the peace? What resources should be devoted to a situation? Does social welfare take precedence over law enforcement? Under what conditions, if any, may police officers engage in selective enforcement of the law? Each essay or pair of essays is followed by a response, presenting contradictory or supplementary views.


Book Synopsis Handled with Discretion by : John Kleinig

Download or read book Handled with Discretion written by John Kleinig and published by Rowman & Littlefield. This book was released on 1996 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays examines the nature of police discretion and its many varieties. The essays explore the kinds of judgment calls police officers frequently must make : When should they get involved? Whom should they watch? What constitutes a disturbance of the peace? What resources should be devoted to a situation? Does social welfare take precedence over law enforcement? Under what conditions, if any, may police officers engage in selective enforcement of the law? Each essay or pair of essays is followed by a response, presenting contradictory or supplementary views.

The Judge and the Proportionate Use of Discretion

The Judge and the Proportionate Use of Discretion

Author: Sofia Ranchordás

Publisher: Routledge

Published: 2015-06-12

Total Pages: 224

ISBN-13: 1317606124

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This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.


Book Synopsis The Judge and the Proportionate Use of Discretion by : Sofia Ranchordás

Download or read book The Judge and the Proportionate Use of Discretion written by Sofia Ranchordás and published by Routledge. This book was released on 2015-06-12 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines different legal systems and analyses how the judge in each of them performs a meaningful review of the proportional use of discretionary powers by public bodies. Although the proportionality test is not equally deep-rooted in the literature and case-law of France, Germany, the Netherlands and the United Kingdom, this principle has assumed an increasing importance partly due to the influence of the European Court of Justice and European Court of Human Rights. In the United States, different standards of judicial review are applied to review ‘arbitrary and capricious’ agency discretion. However, do US judges achieve a similar result to the proportionality or reasonableness test? Drawing together a selection of key experts in the field, this book analyses the principle of proportionality in the judicial review of administrative decisions from different perspectives. The principle is first examined in the context of recent developments in the literature and case-law, including the inevitable EU influence, then light shall be shed on the meaning of this principle in the specific case-law of the European Court of Justice and European Court of Human Rights. Finally, the authors go on to explore the ways in which US judges consciously ‘sanction’ the ‘disproportionate’ and/or unreasonable’ use of agency discretion. In the legal systems where the proportionality test plays a very limited role, Ranchordás and de Waard also try to clarify why this is the case and look at what alternative solutions have been found. This book will be of great interest to scholars of public and administrative law, and EU law.

Global Encyclopedia of Public Administration, Public Policy, and Governance

Global Encyclopedia of Public Administration, Public Policy, and Governance

Author: Ali Farazmand

Publisher: Springer Nature

Published: 2023-04-05

Total Pages: 13623

ISBN-13: 3030662527

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This global encyclopedic work serves as a comprehensive collection of global scholarship regarding the vast fields of public administration, public policy, governance, and management. Written and edited by leading international scholars and practitioners, this exhaustive resource covers all areas of the above fields and their numerous subfields of study. In keeping with the multidisciplinary spirit of these fields and subfields, the entries make use of various theoretical, empirical, analytical, practical, and methodological bases of knowledge. Expanded and updated, the second edition includes over a thousand of new entries representing the most current research in public administration, public policy, governance, nonprofit and nongovernmental organizations, and management covering such important sub-areas as: 1. organization theory, behavior, change and development; 2. administrative theory and practice; 3. Bureaucracy; 4. public budgeting and financial management; 5. public economy and public management 6. public personnel administration and labor-management relations; 7. crisis and emergency management; 8. institutional theory and public administration; 9. law and regulations; 10. ethics and accountability; 11. public governance and private governance; 12. Nonprofit management and nongovernmental organizations; 13. Social, health, and environmental policy areas; 14. pandemic and crisis management; 15. administrative and governance reforms; 16. comparative public administration and governance; 17. globalization and international issues; 18. performance management; 19. geographical areas of the world with country-focused entries like Japan, China, Latin America, Europe, Asia, Africa, the Middle East, Russia and Eastern Europe, North America; and 20. a lot more. Relevant to professionals, experts, scholars, general readers, researchers, policy makers and manger, and students worldwide, this work will serve as the most viable global reference source for those looking for an introduction and advance knowledge to the field.


Book Synopsis Global Encyclopedia of Public Administration, Public Policy, and Governance by : Ali Farazmand

Download or read book Global Encyclopedia of Public Administration, Public Policy, and Governance written by Ali Farazmand and published by Springer Nature. This book was released on 2023-04-05 with total page 13623 pages. Available in PDF, EPUB and Kindle. Book excerpt: This global encyclopedic work serves as a comprehensive collection of global scholarship regarding the vast fields of public administration, public policy, governance, and management. Written and edited by leading international scholars and practitioners, this exhaustive resource covers all areas of the above fields and their numerous subfields of study. In keeping with the multidisciplinary spirit of these fields and subfields, the entries make use of various theoretical, empirical, analytical, practical, and methodological bases of knowledge. Expanded and updated, the second edition includes over a thousand of new entries representing the most current research in public administration, public policy, governance, nonprofit and nongovernmental organizations, and management covering such important sub-areas as: 1. organization theory, behavior, change and development; 2. administrative theory and practice; 3. Bureaucracy; 4. public budgeting and financial management; 5. public economy and public management 6. public personnel administration and labor-management relations; 7. crisis and emergency management; 8. institutional theory and public administration; 9. law and regulations; 10. ethics and accountability; 11. public governance and private governance; 12. Nonprofit management and nongovernmental organizations; 13. Social, health, and environmental policy areas; 14. pandemic and crisis management; 15. administrative and governance reforms; 16. comparative public administration and governance; 17. globalization and international issues; 18. performance management; 19. geographical areas of the world with country-focused entries like Japan, China, Latin America, Europe, Asia, Africa, the Middle East, Russia and Eastern Europe, North America; and 20. a lot more. Relevant to professionals, experts, scholars, general readers, researchers, policy makers and manger, and students worldwide, this work will serve as the most viable global reference source for those looking for an introduction and advance knowledge to the field.

Professional Discretion in Welfare Services

Professional Discretion in Welfare Services

Author: Tony Evans

Publisher: Routledge

Published: 2016-04-15

Total Pages: 200

ISBN-13: 1317075366

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Discretion has re-emerged as an issue of central importance for welfare professionals over the last two decades in the face of an intensification of management culture across the public sector. This book presents an innovative framework for the analysis of discretion, offering three accounts of the managerial role - the domination model, the street level model and the author's alternative discursive perspective. These different regimes of discretion are examined through a case study within a social services department, comparing and contrasting social work discretion in an Older Persons Team and a Mental Health Team. This innovative, theoretical and empirical analysis will be of great interest to postgraduate students and researchers in social work and related disciplines including social policy, public administration and organizational studies, as well as professionals in social work, health and education.


Book Synopsis Professional Discretion in Welfare Services by : Tony Evans

Download or read book Professional Discretion in Welfare Services written by Tony Evans and published by Routledge. This book was released on 2016-04-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discretion has re-emerged as an issue of central importance for welfare professionals over the last two decades in the face of an intensification of management culture across the public sector. This book presents an innovative framework for the analysis of discretion, offering three accounts of the managerial role - the domination model, the street level model and the author's alternative discursive perspective. These different regimes of discretion are examined through a case study within a social services department, comparing and contrasting social work discretion in an Older Persons Team and a Mental Health Team. This innovative, theoretical and empirical analysis will be of great interest to postgraduate students and researchers in social work and related disciplines including social policy, public administration and organizational studies, as well as professionals in social work, health and education.