游乐场还是教堂?从《三一信义会诉科默案》看公共行政的启示

Playground or Church? Implications for Public Administration fromTrinity Lutheran v. Comer

Public Administration Review · 2017
被引 1
ABS 4★

中文导读

本文分析2017年美国最高法院关于政府拨款是否必须提供给符合世俗条件的教堂的案例,探讨宪法问题对公共行政的启示,帮助官员理解类似争议、设计合规政策。

Abstract

Abstract The roots of public administration are in the fields of management, political science, and the law. The law is underrepresented in the literature and is not as well understood by nonlawyer practitioners, yet it increasingly enables, constrains, and prescribes government action. In 2017, the U.S. Supreme Court ruled on a case involving whether a government grant awarded on secular criteria must be provided to a qualified church. This article contributes to the field's understanding of the interplay of law and administration by examining the constitutional issues in the case and their implications for public administration. By considering how this dispute was framed and the ways in which the court approached its resolution, public officials can better understand the issues in similar cases; anticipate potential disputes; and (re)design policies that will serve their communities, remain within constitutional limits, and reduce the likelihood of litigation .

公共行政法律美国最高法院政教关系宪法