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The New Separation of PowersA Theory for the Modern State$
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Eoin Carolan

Print publication date: 2009

Print ISBN-13: 9780199568673

Published to Oxford Scholarship Online: February 2010

DOI: 10.1093/acprof:oso/9780199568673.001.0001

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Institutional Legitimacy and Administrative Practice

Institutional Legitimacy and Administrative Practice

(p.137) 6 Institutional Legitimacy and Administrative Practice
The New Separation of Powers

Eoin Carolan

Oxford University Press

This chapter builds on the model which was briefly sketched out in Chapter 5. It examines, in particular, whether the administration is capable in practice of filling the role which has been suggested for it in Chapter 5. The chapter therefore identifies the key characteristics of the administrative process and compares them with those of the other branches of government. It concludes that the administration has particular qualities and limitations which would make it the most appropriate body to represent the interests of the affected individual. In particular, the administration's experience, expertise, flexibility, operational autonomy, and proximity to the subject matter of a proposed measure means that it provides a valuable space for rational deliberation about whether a proposed measure shows due regard for the interests of those potentially affected by it.

Keywords:   bureaucracy, flexibility, experience, expertise, accountability, autonomy, visibility, bias, information costs

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