The Law in Failure - Administrative Law

 The stated goals of administrative law can vary depending on the jurisdiction and legal system in question. However, some common goals include promoting accountability, fairness, efficiency, and legality in the exercise of governmental powers. It is important to note that administrative law is a complex and evolving field, and its successes and failures can be subjective and context-dependent. While I can provide you with a general overview, it may not cover all perspectives or specific studies on the topic.

1. Promoting Accountability:

• Goal: Administrative law seeks to ensure that government agencies and officials are accountable for their actions and decisions.
• Failures: Some critics argue that administrative agencies may become too insulated from public scrutiny and lack sufficient checks and balances. They claim that agencies often have broad discretionary powers and may evade accountability through bureaucratic processes.
• Studies: One study by Daniel Carpenter and David Moss (2009) titled "Preventing Capture: Special Interest Influence and How to Limit it" explores the challenges of agency capture and the potential influence of special interests on administrative decision-making.

2. Ensuring Fairness:

• Goal: Administrative law aims to guarantee fairness and due process to individuals affected by administrative actions, protecting their rights and preventing arbitrary or discriminatory behavior.
• Failures: Critics point out instances where administrative procedures may be slow, cumbersome, or lack transparency, resulting in delays, inconsistent decisions, or limited access to justice.
• Studies: "Delay and Due Process in Administrative Law" by Jerry Mashaw (2002) examines the impact of delays in administrative proceedings and their implications for fairness and due process.

3. Promoting Efficiency:

• Goal: Administrative law seeks to streamline bureaucratic processes, promote efficiency, and deliver effective public services.
• Failures: Critics argue that administrative procedures can be overly complex, resulting in inefficiencies, redundant regulations, and burdensome compliance requirements.
• Studies: "Costs and Benefits of Regulation: Review and Analysis" by Cass R. Sunstein (2012) provides an analysis of the costs and benefits of regulation, highlighting the potential inefficiencies and burdens associated with excessive administrative procedures.

4. Ensuring Legality:

• Goal: Administrative law aims to ensure that government agencies act within the boundaries of the law, preventing abuse of power and ensuring legal compliance.
• Failures: Critics suggest that administrative agencies may overstep their authority or interpret laws in a manner that exceeds their delegated powers, leading to potential violations of individual rights or constitutional principles.
• Studies: "Chevron Deference: Unraveling the Mythology" by Nicholas Bagley, Julian Davis Mortenson, and Gillian E. Metzger (2015) explores the debate around judicial deference to administrative agencies' legal interpretations, raising concerns about potential legal overreach.

It is worth noting that the field of administrative law is vast, and the assessment of successes and failures often involves ongoing debates and diverse viewpoints. The studies cited here provide only a limited snapshot of the extensive scholarship and literature available on administrative law. For a more comprehensive understanding, it is recommended to explore legal journals, academic research, and consult legal experts in the specific jurisdiction of interest.