Abstract

Conventional accounts of liberal democracy tend to obscure a basic fact: the phenomenon of administration. The American reception of the administrative state was self-consciously imitative of Continental models of state bureaucracy, as a remedy for the ills of democratic politics, but construed as a means of saving democracy from itself, and from lawyers and legalism, in the name of efficiency. The means was discretionary power, unaccountable to the courts and to voters. Reconciling this to democracy proved a challenge, and continues to be one.