ABSTRACT

This chapter illustrates some of the major problems in administrative process regarding extra-elective representation. Discussions of the what and how of representation that fail to take account of the problem concerning assignment of statutory meaning, for example, neglect what is probably the most difficult aspect of representative government in the twentieth century. The chapter focuses on the first of these approaches to the problem of representative government. The function of the courts is still a vital one to free government in administering statutory law, but it is now largely one of "backstopping" the work of administrative agencies. The chapter concerns the breakdown of representation in a part of a federal system and the extraordinary usefulness of administrative process, when properly organized, for restoring operation of representative principle. The administrative function, by way of contrast, was to administer and to act under law made by the people's representatives.