Comparative Administrative Law: In One Combined Volume; Volume-I Organization, Volume-II Legal Relations

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

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.

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 (1913–14) to the revolutionary Chinese government on drafting the new constitution, and was president (1914–29) 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