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一个合理的公务员:在美国以宪法为基础的行政行为.doc


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A Reasonable Public Servant: constitutional foundations of administrative conduct in the United States
The constitution and a reasonable public servant
In November 2004, the . Office of Personnel Management (OPM) arranged for seventy federal executives to visit the National Constitution Center on Independence Mall in Philadelphia, Pennsylvania. The executives were on a management retreat. What could they gain from visiting a museum dedicated to the . Constitution? What does the Constitution have to do with public management? OPM Director Kay Coles James gave a short answer. The executives’ visit was part of a wider initiative to bring “heightened awareness and respect” to the oath all federal employees take to “support and domestic”. A long answer is that today “a petent” public servant “should know the law governing his [or her] conduct”. Much of that law is constitutional law, that is, law made by federal judges in the course of interpreting the Constitution’s words and applying them in individual court cases. Similarly, state judges make state constitutional law through their interpretation of the state constitutions. Today, constitutional prehensively regulates the public service at all levels of government in the United States. As James suggest, public servants should be guided by the Constitution in their decision making and other actions.
Understanding what the Constitution demands of them is a matter of basic petence for public servants. This fundamentally sets them apart from the world of private sector management, whether for profit or not profit. The Constitution regulates public servants’ dealings with clients, customers, subordinate employees, prisoners, patients confined to public mental health facilities, contractors, and individuals involved in “street-level” encounters (such as police stops, public school disciplinary actions, and health and workplace safety inspections). By contrast, the Constitution has no applicati

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  • 时间2012-02-23