Liberal Constitutionalism & Bureaucratic Discretion

  title={Liberal Constitutionalism \& Bureaucratic Discretion},
  author={Timothy J. O'neill},
  pages={371 - 393}
  • T. O'neill
  • Published 1 March 1988
  • Law, History
  • Polity
The "rule of law" is a cardinal tenet of liberal constitutionalism. This article, however, claims that the rule-of-law principle was not central to the republicanism of the American Founders, that it guided neither their design of our constitutional system nor the two centuries of adaptation and accommodation that have modified the letter but not the spirit of this system. The author insists that it is the rule of politics, not the rule of law, that the Framers sought for their Republic and… 
8 Citations

Neutrality, Adversary Argument, and Constitutionalism in Public Administration

Since there can be no language that is free of our moral and political values, it is difficult, if not impossible, for public administrators and those of us who study and teach them to be “ethically

Freedom as Non-Domination in the Jurisprudence of Constitutional Rights

  • E. Daly
  • Law
    Canadian Journal of Law & Jurisprudence
  • 2015
In recent decades, neo-republican philosophers have developed a theory of freedom as non-domination, which, they claim, is conceptually and analytically distinct from the “liberal” concept of freedom

Republican themes in the Irish constitutional tradition

Ostensibly, the Irish Constitution of 1937 draws philosophical inspiration from Catholic social teachings and the theory of natural law. While it enshrines rather generic concepts of democracy and

Embracing Political Conflict

This article examines the nature of moral conflicts, the role of politics in mediating moral conflicts at a societal level, and the implications of this role for public administration. The article

Politics and the Limits of a Science of Governance: Some Reflections on the Thought of Bernard Crick

This paper examines Bernard Crick’s ideas on the nature of politics and explores their implications for a scientific approach to governance like that advocated recently by public management writers.

Are You Scared Yet? On the Ethic of Sustainability and the Politics of Fear in Public Administration

This article offers a critical examination of the ethic of sustainability. It argues that, notwithstanding the importance of environmental problems, such an ethic has the effect of promoting a

Mechanisms of Institutional Change

This chapter develops theoretical arguments about how green inside activists can work for institutional change by using strategies and mechanisms of both a combative and adaptive character, and discusses three dilemmas of influence for green inside activism.

Public Administration in a Disenchanted World

Although Max Weber was pessimistic regarding the effects of rationalization and bureaucracy on human life and freedom, he saw the disenchantment of the world that results from the ascent of science



The Administrative Behavior of Federal Bureau Chiefs

Most of the people who keep tabs on the workings of the federal government, no matter what the reasons for their interest, seem to take for granted the power and autonomy of the chiefs of the bureaus

The Road to Serfdom (Chicago

  • 1944

The End of Liberalism (New York: W.W

  • Norton and Co.,
  • 1979

Preface to Democratic Theory (Chicago

  • 1956

Washington and Whitehall Revisited: An Essay in Constitutional Lore," (Paper presented at the British/American Festival

  • pp. 4-4a,
  • 1984

Introduction to the Law of the Constitution

  • (London: Macmillan,
  • 1956

Subcommittee Government: New Channels for Policymaking," in The New Congress, ed

  • D.C.: American Enterprise Institute,
  • 1981