The Legitimacy of US Government Agency Power

• 成果类型: Article
• 署名作者: Feldman, Daniel L.
• 署名单位: City University of New York (CUNY) System; John Jay College of Criminal Justice (CUNY)
• 刊物名称: PUBLIC ADMINISTRATION REVIEW
• ISSN/ISSBN: 0033-3352
• DOI: 10.1111/puar.12279
• 发表日期: 2015
• 页码: 75-84
• 关键词: public value governance; LAW; CONSTITUTION

摘要

A synthesis of the work of two political and legal scholars, John Rohr and Lon Fuller, properly balances constitutional and managerial values, supplementing other theories that offer useful but insufficient support for American government agency legitimacy. Agencies reflecting that balance would strengthen their legitimacya particularly valuable goal in an era of low confidence in American government. Rohr's focus on the constitutional oath of office and American regime values, and Fuller's insistence that law must serve human needs, leave a great deal indeterminate and discretionary but nevertheless set boundaries. Bureaucrats who risked or sacrificed their jobs to avoid transgressing those boundaries offer models of loyalty to the Rohr-Fuller balance of values. The behavior of officials in the Office of the Comptroller of the Currency in thwarting measures that could have averted the financial crisis of 2007 offers a model of bureaucrats who violated those boundaries.