The wishful lexicon of constitutions on public administration: A comparative text analysis

Public administration is a global industry that employs half a billion people and covid-19 reminded us of its importance. Public administration is shaped by public law. It is topical then that public law be effective in shaping public administration. Legal scholars have acknowledged the debt of public administration organizations’ design to Max Weber’s ideal type of legal-rational authority. But how exactly has Weber’s ideal type permeated public law? The literature does not seem to have asked this question. This paper identifies one of the ways such permeation has happened. In fact, this article shows the influence of Max Weber’s ideal type on constitutions is revealed by the verbatim use of the lexicon and the characteristics of the Weberian ideal type of legal-rational authority. The language of Max Weber’s ideal type has been transposed into legislation without further elaboration thus lending itself to the critique that the ideal type cannot be taken as a behavioral hypothesis.