Question 2- Bureaucracy Bureaucracy is defined as “A large organization which is structured hierarchically to carry out specific functions,” however not everyone agrees on how exactly it should or even currently functions (Chapter 13). There are four prominent theories as to how bureaucracies should run, with the first being the classic Weberian model. This model, envisioned by German sociologist Max Weber, involves a clear hierarchy of power that flows from the top down and which operations depend solely on logical analysis and the law (Chapter 13). The second theory, known as an acquisitive model, states that top level bureaucrats constantly seek to expand the size of their staff and budgets as to increase their power and influence (Chapter …show more content…
Common law is based on decisions made by judges in court rulings as opposed to laws passed by legislature (Chapter 14). Once a decision is reached in a court case, then that decision because precedent for all similar future cases. An example of this practice is the precedent set by the case of Gitlow V. New York, in which Gitlow filed a lawsuit after being imprisoned for criminal anarchy after publishing a paper called “the left wing manifesto,” (Gitlow V. New York). This case would be ruled that the 14th amendment of the United States had extended the limits of the federal government's authority, specifically in regard to the first amendment and the freedom of speech. This set a precedent that defined that every provision of the bill of rights applies to both state and federal governments. This case was cited numerous times, such as in the cases of De Jonge V. Oregon, Wolf V. Colorado, and Gideon V. Wainwright. Common law principles are not universally used by governments around the world, but are in fact only used by a few countries such as the United States, the United Kingdom and Australia. Despite this, Common Law is an effective way to organize the United State’s judicial system. Common law arises from court cases, and therefore are often used to clarify specific details of how a pre-existing law should be interpreted. Common law also creates consistency within the legal system, setting precedents for how future cases should be ruled. This also means that common law allows for a more flexible body of law, reacting and changing when necessary, and much faster than laws that must pass through legislation. Common law is also able to overlook any political bias, as they are not affiliated with any specific ideology or party, creating less biased rulings, even if they undermine the agendas of the political party in power. All in all, he common law practiced by the
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When people think of how government works, unless they’ve taken a government class, they usually think of Congress making laws and the President doing pretty much everything else. No one pays much attention to the Supreme Court unless there is a landmark case or something else to grab the news — like the recent death of Justice Antonin Scalia. But the Supreme Court does much more than you’d think regarding keeping the political machine running like a well-oiled … machine. Through not only interpretation of the law, but also judicial activism, the Supreme Court shows it can have as much influence over the laws of the land as either of the other branches of the federal government. In this paper, I will analyze the decision-making methods of the Court using the cases of Gideon v. Wainwright and Betts v. Brady.
court system operates on the origin of stare decisis (Latin for stand by things decided), which means that today’s decisions are based mainly on rulings from the past, and tomorrow’s rulings rely primarily on what is decided today. The Judicial court must still abide by its role, to interpret the law and determine if laws are constitutional. The judges and justices must consider the facts of the case, the Constitution, the relevant laws, and the courts’ own precedence when ruling on a case. Still, the court inadvertently takes into consideration external influences such as: interest groups, civilians, media, law clerks, and from local governments. Justices’ personal and political beliefs also underwrite their decision-making.
The most important thing that the bureaucracy does is implement policy. Congress and the President make the policies and laws, but they have someone else (the bureaucracy) to implement them. However, they also make policy by rule-making (process of defining rules or standards that apply uniformly to classes of individuals, events, and activities). Also, according to Jillson (2016), "Congress passes laws that authorize government programs, the bureaucracy then writes specific rules that define how the program will be administered." So, when the bureaucracy makes rules you have to obey them because they have the force of law.
The Supreme of the United States is the body entrusted with interpreting the Constitution in relation to cases whose outcomes will establish precedents with weighty, far reaching legal implications. In many such cases, the conflicting parties may both claim that their actions or (in the case of public officials) rulings, are protected by one or more amendments to the constitution. In reconciling these conflicts, justices must reckon with the intent of laws written centuries ago in relation to contemporary issues. They must also make decisions where the scope of one legally protected right comes into conflict with another. The 1976 case, Nebraska Press Association v. Stuart, provides an example of this nuanced, subtle process and highlights the way in which Supreme Court decisions have potentially monumental, everlasting consqequences.
The most effective bureaucratic system is that of the United States. If i could change the US bureaucratic system to one for another nation, I would choose not to do so because the citizens of America would not do well with a drastic change. The system we have now is productive and effective in doing its job. The United States, in the past, has been known to be the best nation in the world for many years. Other countries would look up to this country's system and try to replicate it so their nation could be as effective as this one.
This quote from Charles Lee's argument shows us the power struggle between different legal authorities in the trial. This quote shows us the tension between common law, the basis of English law, and the Constitution, which does not recognize common law. He argues that the court has no authority to try Burr for a crime based on a legal tradition with no force in the United States. "The common law of England is not in
The Federal Bureaucracy is an organization of non-elected officials of government or organization who implement the rules, laws, and functions of their institutions. Essentially, Congress and the president create laws that are vague. The bureaucracy is responsible for figuring out how to implement these vague laws in our society through regulations, forms and rules. The Bureaucracy consists of 500 departments with roughly 2.6 million employees. Although, the bureaucracy is not actually a branch of government it does have influence over the decisions of the three branches government.
The ongoing decisions that are made by the President, Congress, and the courts are policy implementation (Patterson, 2013, p. 340). However, when the directive is assigned by the Congress, the president, or the courts, the bureaucracy is entrusted with accomplishing it (Patterson, 2013, p. 340). Further, the bureaucracy is also constrained by the budget when implementing various decisions (Patterson, 2013, p. 340). Also, it cannot spend money on an activity unless Congress has appropriated the required funds (Patterson, 2013, p. 340).
Sociologist Max Weber’s statement that bureaucracy is the distinctive mark of the modern era clearly describes a bureaucratic type of structure now intrinsic in public sector organizations. This type of structure which has been termed by theorist J. Donald Kingsley (1949) as a "Representative Bureaucracy", basically speaks of public workforces that are representative of the people in terms of race, ethnicity, and gender. In other words, a Representative Bureaucracy, is more or less "an assessment and reconstruction of public sector organizations for the sole purpose of ensuring that all groups in society are equally represented" (Duada, 1990). Thus, in relation to this definition and many other similar constructs, one can clearly see why that
A bureaucratic organization was originally intended to have a hierarchical or pyramidal structure to help achieve the most rational and efficient operation at the lowest cost. The term bureaucracy is a combination of French and Greek words respectively. The word ‘bureau’ means desk or office and the word ‘kratos’ means rule or political power. It was first used by the French economist Jacques Claudes Marie Vincent de Gournay. In order to study the origins and nature of the expansion of bureaucratic organization, weber constructed an ideal type of Bureaucracy.
Bibliography 1. Concerning the Hart and Dworkin Debate Constitutional Law Essay.http://www.lawteacher.net/free-law-essays/constitutional-law/concerning-the-hart-and-dworkin-debate-constitutional-law-essay.php?cref=1 last accessed on 01 April 2016 2. Peter Hardy. An Evaluation of the Positions of Hart and Dworkin on the Role of Judges Faced with Hard Cases, last accessed on https://vibrantbliss.wordpress.com/2011/12/23/hard-cases-for-judges/ 3. Sara Smollett.
The law is meant to provide justice to people. So the main advantages of the common law system is that it is consistent, adaptive, equal and independent. Consistency is achieved through the precedent as the base for the decisions, not the personal attitudes of the judges. The parties, involved in the process, are expecting that their case would be decided as the similar one, it creates certainty in getting equal justice and stability. Precedents are usually developed in the higher courts by the senior
The German sociologist Max Weber  described many ideal-typical forms of public administration, government, and business. Weber agreed that bureaucracy constitutes the most efficient and rational way in which human activity can be organized, and that thus is indispensable to the modern
Merton concluded that the bureaucracy contains the seeds of its own destruction. This part discusses Max Weber 's bureaucratic model of critical viewpoints. It focuses on four main limitations that have no rational the bureaucracy in terms of an ideal, neglect, and dehumanization of the formal organization and a tense relationship with democracy. In particular, Weber 's bureaucracy does not consider an important role in the informal relationships that exist in any human organization. In addition, many in the areas public administration with the view that the judgment the bureaucracy is a threat to democratic standards and practices that govern and American