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Public Administration - Essay Example

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The shift of authoritarian decision making from domestic to global, presents a profound confront to the systems of administrative law that the United States and other nations rely upon to secure the responsibility of the administrative state. In response to the growth of global economic and other interdependency, the past twenty-five years have witnessed a dramatic shift of regulatory authority from the nation state to a dizzying variety of global regulatory regimes including international organizations, transnational networks of national regulatory officials, and private or hybrid private public regulatory bodies…
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College: PUBLIC ADMINISTRATION Introduction The shift itarian decision making from domestic to global, presents aprofound confront to the systems of administrative law that the United States and other nations rely upon to secure the responsibility of the administrative state. In response to the growth of global economic and other interdependency, the past twenty-five years have witnessed a dramatic shift of regulatory authority from the nation state to a dizzying variety of global regulatory regimes including international organizations, transnational networks of national regulatory officials, and private or hybrid private public regulatory bodies. As a result, domestic systems of administrative accountability through law are being increasingly sidestepped. (Berkley 65)
Global administrative law comprises the mechanisms, principles, and practices that promote or otherwise affect the accountability of diverse global administrative bodies, in particular by ensuring that they meet adequate standards of transparency, participation, reasoned decision, and legality, and by providing effective review of the rules and decisions made. (Berkley 70)
The extent and intensity of global regulation and the development of global administrative functions and institutions continues to grow. This growth inevitably results in greater demands, by both domestic and global constituencies, for application of administrative law disciplines on decision making by global regulatory regimes. (Berkley 76)
The balance of trade in administrative law shows that the United States has been thus far a strong net exporter. The U.S. government, often with the strong support of U.S. business, has successfully pushed judicialization of the World Trade Organization (WTO) dispute settlement process, protections for intellectual property holders and service providers in the WTO agreement. (Berkley 80)
As a result of regulatory harmonization and cooperation and the growth of global regulatory tribunals and other authorities, U.S. domestic regulation is increasingly shaped by global influences. Global regulatory norms and practices are increasingly important factors in decisions by U.S. administrative agencies. This development is generally not resisted by U.S. regulators. To the contrary, they have generally embraced international harmonization and cooperation in order to carry out their regulatory tasks more efficiently and effectively in the context of a global economy. (Berkley 87)
In relation to the following statement, "Administrative law seeks to reduce the tendencies toward arbitrariness and unfairness in bureaucratic government." This can be taken to mean that the law governing judicial review of administrative actions has implemented soft law that uses the basis for harmonization, especially in areas where the Commission shares administrative responsibility with a Member State. (Berkley 89)
The administrative growth inevitably results in greater demands by both domestic and global constituencies, for application of administrative law disciplines on decision making by global regulatory regimes. Domestic constituencies will also seek to extend and adapt domestic administrative law to promote greater accountability by domestic officials for their participation in and subsequent domestic implementation of global regime decisions.

Berkey, E, George. The Craft of Public Administration. Mc Graw-Hill Publishers, 2003. ISBN:
0072817402 Read More
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