ABSTRACT

Public managers can reasonably expect stability in the larger purposes of administrative law. This chapter explains how public managers can stay current. There are at least three relatively easy steps: to always keep the primary function of American administrative law in mind, frequently consult administrative law publications and websites, and talk to agency colleagues and attorneys about new administrative law developments. The more difficult and expensive step is to have experts conduct periodic administrative law audits to ensure compliance with newer requirements. Periodic administrative law audits would systematically focus attention on practices that need updating. They could also serve as an educational tool for agency personnel. The primary function of administrative law is to funnel constitutional contractarian values into administrative practice in order to harmonize public administration with constitutional democracy. Constitutional contractarianism is based on natural rights theory. Its basic assumptions are that individuals are born with fundamental rights and that they form governments to protect those rights.