The Administrative State and its Constitutional Legitimacy: An Analysis of the USA Patriot Act of 2001 in the Context of Rohr’s Constitutional Framework of the Administrative State

Bibliographic Details
Main Author:	Ulvi-Ahmad, Ghazala
Language:	English
Published:	Cleveland State University / OhioLINK 2007
Subjects:	Administrative State Regime Values Rohr's Philosophy Public Administration
Online Access:	http://rave.ohiolink.edu/etdc/view?acc_num=csu1199824023

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spelling	ndltd-OhioLink-oai-etd.ohiolink.edu-csu11998240232021-08-03T05:34:43Z The Administrative State and its Constitutional Legitimacy: An Analysis of the USA Patriot Act of 2001 in the Context of Rohr’s Constitutional Framework of the Administrative State Ulvi-Ahmad, Ghazala Administrative State Regime Values Rohr's Philosophy Public Administration American Public Administration has identified more closely with management than with governance. Therefore, its constitutional legitimacy is often questioned. Many of the current scholars emphasize the importance of the legitimacy of the administrative state from a constitutional perspective. John Rohr is both the pioneering and the standard setting work in this area. Rohr attempts to legitimate the administrative state in terms of a comprehensive constitutional perspective based on the founding of the American Republic. This study examined Rohr’s constitutional philosophy of the administrative state and tested its usefulness to Public Administrators. The study looked at both the administrative agencies and processes created by the USA Patriot Act 2001 and their compatibility with Rohr’s constitutional framework. The major research question posed: Is the USA PATRIOT Act 2001 legitimate within Rohr’s framework of the administrative state? Specifically, does the USA PATRIOT Act create and empower executive agencies beyond the pale of separation of powers as developed by Rohr? The study concluded that selected provisions from the statute are problematic in terms of their compatibility with the constitutional traditions and regime values as defined by Rohr. However, to successfully use the framework, American public administration must address issues of structure and authority. One, high-level civil servants must possess sufficient discretionary power. They must be able to say no to the political leaders. Second, they must possess working legal knowledge of the Constitution and understand the core values embedded in our constitutional traditions of democratic governance. 2007 English text Cleveland State University / OhioLINK http://rave.ohiolink.edu/etdc/view?acc_num=csu1199824023 http://rave.ohiolink.edu/etdc/view?acc_num=csu1199824023 unrestricted This thesis or dissertation is protected by copyright: all rights reserved. It may not be copied or redistributed beyond the terms of applicable copyright laws.
collection	NDLTD
language	English
sources	NDLTD
topic	Administrative State Regime Values Rohr's Philosophy Public Administration
spellingShingle	Administrative State Regime Values Rohr's Philosophy Public Administration Ulvi-Ahmad, Ghazala The Administrative State and its Constitutional Legitimacy: An Analysis of the USA Patriot Act of 2001 in the Context of Rohr’s Constitutional Framework of the Administrative State
author	Ulvi-Ahmad, Ghazala
author_facet	Ulvi-Ahmad, Ghazala
author_sort	Ulvi-Ahmad, Ghazala
title	The Administrative State and its Constitutional Legitimacy: An Analysis of the USA Patriot Act of 2001 in the Context of Rohr’s Constitutional Framework of the Administrative State
title_short	The Administrative State and its Constitutional Legitimacy: An Analysis of the USA Patriot Act of 2001 in the Context of Rohr’s Constitutional Framework of the Administrative State
title_full	The Administrative State and its Constitutional Legitimacy: An Analysis of the USA Patriot Act of 2001 in the Context of Rohr’s Constitutional Framework of the Administrative State
title_fullStr	The Administrative State and its Constitutional Legitimacy: An Analysis of the USA Patriot Act of 2001 in the Context of Rohr’s Constitutional Framework of the Administrative State
title_full_unstemmed	The Administrative State and its Constitutional Legitimacy: An Analysis of the USA Patriot Act of 2001 in the Context of Rohr’s Constitutional Framework of the Administrative State
title_sort	administrative state and its constitutional legitimacy: an analysis of the usa patriot act of 2001 in the context of rohr’s constitutional framework of the administrative state
publisher	Cleveland State University / OhioLINK
publishDate	2007
url	http://rave.ohiolink.edu/etdc/view?acc_num=csu1199824023
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The Administrative State and its Constitutional Legitimacy: An Analysis of the USA Patriot Act of 2001 in the Context of Rohr’s Constitutional Framework of the Administrative State

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