International Justice for Former Yugoslavia:The Workings of

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McMillan, Kerr Vision, op. cit., p. 54; and Commonwealth Ombudsman, Annual Report 1989-90, p. 15. It was in this essay that Wilson first suggested freeing administration from political influence because large parts of national administration were, he contended, apolitical and based on expertise. In Humphrey's Executor, for example, the Supreme Court overturned the President's removal of an FTC commissioner by reasoning that the Commission was more legislative and judicial than it was executive. [64] More recently, it upheld the Independent Counsel provisions of the Ethics in Government Act (the provisions were subsequently repealed), concluding that even an office as obviously executive in nature as a prosecutor could be shielded from presidential control. [65] These rulings reflect the acceptance of a key tenet of the modern administrative state: that many areas of administration are based upon expertise and neutral principles and must therefore be freed from the influence of politics.

Pages: 224

Publisher: Springer; 1 edition (April 11, 1996)

ISBN: 9041102019

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