Question

1. How is the structure of the administrative agency different from the tripartite structure of the federal government as described in the textbook?
2. Do you think individuals or businesses should be concerned with the structure of administrative agencies?
3. What procedural and operating requirements of the administrative agency would “check” the power of this governmental body?
4. Use as an example, one Case Summary included in Chapter 6 of the textbook and explain how the administrative agency’s power was examined or explained in the court opinion. Make sure to include a short synopsis of the case in your analysis.

Answer 1

How is the structure of the administrative agency different from the tripartite structure of the federal government as described in the textbook?

Ans...........

This paper is a working paper – a work in progress. Its publication is not meant to accelerate the already initiated publication of a almost finished peace in a law review. It is rather a reflection, meant to clarify the concept of a book to be written in German language[1]. Thus, this text is highly speculative and scarcely footnoted. It stresses the questions that are posed not the answers that are offered to these questions. It should be read as a meditation on its topic as a speculation with concepts.

The paper’s topic is the analytical interrelation between three current notions of public law: legitimacy, tripartite government (traditionally known as ‘separation of powers’), and multi-level government. In a three step argument, the paper will attempt to develop a model to analyze some of its topic’s questions. To present, to substantiate and to apply this model, the paper will comparatively refer to four public legal orders: the German and the U.S. constitutional and administrative law, the law of the European Union and the law of the GATT/WTO-order. Corresponding to its title, this paper is after this brief introduction made up of three parts: Legitimacy, Governmental Functions and Governmental Levels.

Seemingly old-fashioned concepts like individual autonomy, democracy and separated powers may still be useful in a discussion about the internationalization of law that sometimes seems to be overwhelmed by the novelty and complexity of the legal development that asks for a new terminology.

But novelty and complexity are only functions of the question that is posed to a phenomenon as well as to the set of descriptive tools that are used to analyze it. If the idea of self-determination is still viable, the retooling of this idea for use in a theory of public organizations may unfold some of its critical and analytical potential without ignoring the institutional change that is taking place.

To start out with a reductionist model of legitimacy does not necessarily lead to a ‘big picture’ or overgeneralized conclusions. Instead it may help to give a systematic analysis of diverse legal phenomena. Because the idea of self-government is not the only available normative criterion in public law, it may be fruitful to stick with it

Do you think individuals or businesses should be concerned with the structure of administrative agencies?

Ans....................

Yes , In my opinion, businesses should be concerned about administrative agencies. Businesses are governed by laws and laws are enforced by the administration. Hence if the structure is such that a lot of bureaucracy creeps in the decision-making gets delayed and that can incur a lot of losses to a business. Other reason to worry about the structure is in case of lawmaking and a similar thing can happen there.

What procedural and operating requirements of the administrative agency would “check” the power of this governmental body?

Ans..........................

Procedures and operating systems can check the power of the government body

• Have a horizontal and a lateral reporting structure for government organisations In this form of an organisational structure. government employees do not report to one particular leader but two or more leaders who over see a project and its integrity and implementation. This way the employee executing a project always has the freedom to approach any manager and the project isn't under the mercy of one individual.

• Seamless Communication & Exchange between different departments including federal, state , public and third party vendors : Integrate operations, business, engineering, finance, H,R and legal, and prevent leaders and middle management working in individual silos to increase the speed and the chances of success in the project. Silos are old organisational structures that are no longer relevant in today's public sector.

• Audits that track operations and public institutions progress : Accountability is critical to getting the job done. Although most housing programs had audits for its operations department but no audits or performance tracking was carried out to track the progress, effectiveness on a real time basis on the role that government and the vendors incharge played in the execution of the project.

• Strong Gifting Policy : Public institutions just like MNC's should have strong gifting policies which their employees are expected to adhere too. The value and the form of gift should be specified and tangible and cannot be intangible in any forms between government employees and third party vendors and contractors. This would largely regulate corruption.

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