Politics and Administrative Justice: Postliberalism, Street-Level Bureaucracy and the Reawakening of Democratic Citizenship

The book argues that the law mediates between citizens and the state, and that a radical reassessment of this relationship is needed to reimagine postliberal politics and the role of the law.

Format: Hardback
Length: 168 pages
Publication date: 20 December 2023
Publisher: Bristol University Press

In recent years, significant failures in health and social care, mental health services, public housing, and education have garnered widespread attention and sparked intense public debate. The approaches employed to address these concerns predominantly adhere to a legalistic framework, constrained by a particular brand of liberal legalism that hinders the potential for transformative interventions. This book makes a compelling argument for an urgent reassessment of the role of law in mediating the relationship between citizens and the state. By drawing on a wealth of historical and comparative research, as well as literary, pictorial, and cinematic representations, and the insights of the disability rights movement, Nick OBrien delves into the intricate ways in which the everyday regulation of street-level bureaucracy can contribute to reimagining postliberal politics and the role of the law.

The book begins by exploring the historical roots of the legalistic approach to governance, tracing its origins back to the era of Enlightenment and the rise of modern bureaucracy. OBrien argues that this approach, characterized by its emphasis on rules, regulations, and procedures, has inadvertently limited the scope of legal intervention in favor of more market-oriented solutions. He further suggests that the legalistic mindset has perpetuated a sense of powerlessness and disempowerment among citizens, who feel unable to influence the decisions made by government institutions.

To address these challenges, the book proposes a radical shift in the way the law mediates between citizens and the state. OBrien advocates for a more inclusive and participatory approach that recognizes the diverse needs and experiences of individuals and communities. He suggests that street-level bureaucracy, which encompasses a wide range of government agencies and services, can play a crucial role in facilitating this shift. By empowering citizens to engage with these institutions and advocating for their rights, street-level bureaucracy can become a powerful tool for promoting social justice and equity.

One of the key insights of the book is that the everyday regulation of street-level bureaucracy can be a source of innovation and creativity. OBrien argues that by challenging the traditional hierarchies and power dynamics within these institutions, citizens can create new ways of interacting with government and shaping public policy. For example, he discusses the role of community organizations and grassroots movements in advocating for better public housing, mental health services, and education. These organizations often use legal mechanisms to hold government agencies accountable and promote policy change, but they also leverage the power of social media and other forms of communication to mobilize public support and build momentum for their causes.

Another important aspect of the book is its examination of the role of the law in promoting disability rights. OBrien argues that the legal framework has historically been used to marginalize and exclude individuals with disabilities, perpetuating a cycle of discrimination and inequality. However, he also highlights the ways in which the disability rights movement has challenged these norms and advocated for the recognition of the rights of people with disabilities. By drawing on the experiences of individuals with disabilities and their advocates, the book provides a powerful account of the ways in which the law can be used to promote social inclusion and equality.

In conclusion, this book offers a compelling argument for a radical reassessment of the role of law in mediating the relationship between citizens and the state. By recognizing the limitations of the legalistic approach and advocating for a more inclusive and participatory approach, street-level bureaucracy can become a powerful tool for promoting social justice and equity. The book also provides valuable insights into the role of the law in promoting disability rights and the potential for transformative interventions in this area. As such, it is a must-read for anyone interested in understanding the complex dynamics of governance and the role of the law in shaping our society.

Weight: 398g
Dimension: 161 x 240 x 16 (mm)
ISBN-13: 9781529230581