Limiting bureaucratic discretion? Analyzing the design and exercise of administrative judicial review in the welfare sector
Karin Leijon,
Linda Moberg
Abstract:This article develops a framework for understanding how the design of administrative judicial review can circumscribe the discretion of different bureaucratic actors. The framework proposes that bureaucratic discretion is limited to a great extent if courts can (i) overturn bureaucratic decisions on substantive grounds, (ii) review decisions associated with high economic costs, and (iii) issue detailed instructions for how rulings are to be implemented. Applying the framework to the Swedish case, we first show… Show more
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