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Comparative Administrative Law: In One Combined Volume; Volume-I Organization, Volume-II Legal Relations Comparative Administrative Law: In One Combined Volume; Volume-I Organization, Volume-II Legal Relations
By Frank J. Goodnow
2000/11 - Beard Books - Law Classic
158798072X - Paperback - Reprint -  718 pp.
US$34.95

An unusual book which uses the comparative law approach to studying administrative organization in the United States and Western Europe.

Publisher Comments

Category: Law

This title is part of the International Law list.

The author contends that the great problems of modern public law are almost exclusively administrative. This book studies the methods of administrative law adopted in four countries: the United States, England, France, and Germany with a view toward comparing our own with foreign administrative methods and gaining insight into how to solve some of those problems.

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Frank Goodnow was an American expert on government. He graduated from Amherst, where he received both his B.A. (1879) and M.A (1887); and then he earned his LL.B. in 1882 from Columbia.  He taught administrative law at Columbia for 30 years, was an adviser (191314) to the revolutionary Chinese government on drafting the new constitution, and was president (191429) of Johns Hopkins University. 

He is best remembered as a pioneer in the study of modern municipal government. Among his many books are Politics and Administration (1900, repr. 1967) and Social Reform and the Constitution (1911, repr. 1970). Photo taken from John Hopkins University website.

Volume I. Organization
BOOK I. THE SEPARATION OF POWERS
Chapter I. Administration
I. Administration as a function of government 1
II. The administration as an organization 4
Chapter II. Administrative Law 
I. Definition 6
II. Necessity of separate treatment 9
III. Distinction of administrative law from private law 14
IV. Distinction of administrative law from other branches of public law 15
Chapter III. The Theory of the Separation of Powers
Chapter IV. Exceptions to the Theory of the Separation of Powers
I. Executive functions of the legislature 25
II. Legislative functions of the executive authority 26
III. Executive functions of the judicial authorities 29
Chapter V. The Relation of the Executive to the Other Authorities
I. Relation to the legislature 31
1. The legislature the regulator of the administration 31
2.  The control of the legislature over the administration  33
II. Relation to the courts 34
1.  Political acts 34
2. Legislative acts 35
3. Contractual acts 35
4. Administrative acts of special application 35
III. The position of the executive 37
Chapter VI. Territorial Distribution of Administrative Functions
I. Participation of the localities in administration 38
II. The English method 41
III.  The continental method 43
IV. The sphere of central administration 45

BOOK II. CENTRAL ADMINISTRATION

Division I. The Executive Power and the Chief Executive Authority
Chapter I. In General
Chapter II. History of the Executive Authority and Power in the United States
I. The executive power in New York at the time of the formation of the national constitution 53
II. The executive power in Massachusetts 56
III.  The executive power in Virginia 58
IV. The American conception of the executive power in 1787 59
V. History of the executive power in the early national government 62
1. Original position of the President 62
2. Change due to the power of removal 64
3. The Power of direction 66
Chapter III. The Organization of the Chief Executive Authority in the United States
I. The President 71
1. Administrative powers 72 
2. Remedies against the action of the President 73
II. The commonwealth governor 74
1. The governor a political officer 74
2. His power of appointment 76
3. His power of removal 78
4. His power of direction  79
5. His power over the administrative services 80
6. General position of the governor 81
7. Remedies against his action 82
Chapter IV. The Executive Power and Authority in France
I. General position 83
II. Administrative powers 83
1. Power of appointment 83
2. Powers of removal and direction 84
3.  The ordinance power 85
4. Remedies against his action 87
Chapter V. The Executive Power and Authority in Germany
I. The prince 89
1. An authority of general powers 89
2.  Limitations of his power 90
3. His administrative powers 91
II. The Emperor 93
1. General position 93
2. Powers relative to the official service 93
3. His ordinance power 95

Chapter VI. The Executive Power and Authority in England

I. General power of the Crown 97
II. Limitations on the power of the Crown 99
Division II. Executive Councils
Chapter I. The Executive Council in the United States
I. General position 102
II. In the national government 103
III. In the commonwealth governments 104
IV. Comparison 105
Chapter II. The Executive Council in France
I. History 107
II. Organization 108
III. Functions 111
Chapter III. The Executive Council in Germany
I. In the princely governments 114
II. In the empire (Federal council) 116
1. Organization 116
2. Functions 117
3. Remedies against its actions 121
Chapter IV. The English Privy Council
I. Historical sketch 122
II. Organization 123
III. Functions
Division III. Heads of Departments
Chapter I. Distribution of Business and Method of Organization
I. Method of distributing business 127
II. Power of organization 129
Chapter II. Term and Tenure of the Heads of Departments
I. In the United States 134
II. In France 138
III. In Germany 139
IV. In England 142
V. Comparison 145
Chapter III. Powers and Duties of Heads of Departments
I. Power of appointment 146
II. Power of removal 149
III. Power of direction and supervision 150
1. In the United States and England 151
2. In France and Germany 154
IV. The ordinance power 156
V. Special acts of individual application 157
VI. Remedies 158
VII. Local subordinates of the executive departments 159
BOOK III. LOCAL ADMINISTRATION

Chapter I. History of Rural Local Administration in the United States

I. History of rural local administration in England to the eighteenth century 162
1. The sheriff 162
2. The justice of peace 164
II. The development of the system in the United States 165
1. The three original forms of local administration 165
2.  The early American county 166
3. The early American town 169
III. Corporate capacity of the localities 171
1. Original absence of corporate capacity 171
2. Present corporate capacity 173
Chapter II. Rural Local Administration in the United States at the Present Time
I. The compromise system 178
1. The county 178
2. The town 183
II. The New England system 185
1.  The county 185
2. The New England town 188
III.  The southern system 189
Chapter III. Municipal Organization in the United States
I. History of the English municipality to the seventeenth and eighteenth centuries 193
1. Origin of the borough 193
2. Development of the municipal council 195
3. Period of incorporation 196
II. History of the American municipality 199
1. The original American municipality 199
2.  Change in the position of the municipality 202
3. Change in the organization of the municipality 206
III. The present organization of the American municipality 207
1. The mayor and the executive departments 207
2. The municipal council 213
IV. The village or borough 218
1. General proposition 218
2. The village organization 220
Chapter IV. General Characteristics of Local Administration of the United States
I. Statutory enumeration of powers 223
1. The centralization of local matters in the hands of an irresponsible central authority 224
2. Local variations 227
3. No local independence 228
II. Administrative independence of the local authorities 228
1. Absence of central administrative control 228
2.  Decentralized character of the local organization 230
III. Non-professional character of the system 231
Chapter V. Local Administration in England
I. History from the seventeenth century to the present time 234
1. Defects of the old system 234
2. The reforms of 1834 and 1835 236
3. Present position of the justices of the peace 239
II. The county 241
1. Organizations of the county council 241
2.  Powers of the county council 243
III. Rural subdivisions of counties 246
1. :Local chaos 246
2. The union 248
3. The parish 250
IV. Urban subdivisions of counties 253
1. The municipal boroughs 253
2. The local government district 258
V. Central administrative control 259
1. Necessity of central approval of local action 260
2. Central audit of accounts 260
3. Powers of compulsion 261
4. Disciplinary powers over the local civil service 262
5. Grants in aid and central inspection 263
VI. General characteristics 263
Chapter VI. The French System of Local Administration
I. The continental method in general 266
II. History of the French system of local administration 268
1. Up to the revolution 268
2. The revolution 269
3. The Napoleonic legislation 271
III. The department 272
1. The prefect 272
2. The council of the prefecture  274
3. The departmental commission 275
4. The general council 277
IV. The district 283
V. The commune 285
1. History 285
2. The mayor 287
3. The municipal council 289
VI. General characteristics of the French system of local administration 292
1. General grant of local power 292
2. Central administrative control 292
3. Professional character of the local officers 294
Chapter VIII. Local Administration in Prussia
I. History 295
1. Conditions in 1807 295
2. The Stein-Hardenberg reforms 295
3. Reactionary period of 1822-1872 298
4. Reform of 1872 299
II. Provincial authorities 301
1. The governor (Oberprusident) 302
2. The provincial council 303
3. The government board and president 305
4. The district committee 307
5. The provincial diet 308
6. The provincial committee 311
III. The circle authorities 314
1. The Landrath 315
2. The circle committee 315
3. The justice of the peace 316
4. Town officers 318
5. The circle diet 320
IV. The cities 328
1. The city council 331
2. City executive 332
3. City departments 334
V. General characteristics of the Prussian system 336
1. Administrative control 336
2. Obligatory unpaid service 337
3. Subjection of local administration to judicial control 337
Index

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