Is Administrative Law Unlawful?
- ISBN-10
- 022611645X
- ISBN-13
- 9780226116457
- Category
- Law
- Pages
- 648
- Language
- English
- Published
- 2014-05-27
- Publisher
- University of Chicago Press
- Author
- Philip HAMBURGER
Description
Is administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Get the book
Other editions
Similar books
-
The Administrative Threat
By Philip HAMBURGERAdministrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence.
-
The Dubious Morality of Modern Administrative Law
By Richard Epstein, Laurence A. Tisch Professor of Law, New York UniversityL. rev. 187 (2006). Chevron, 467 U.S. at 842–44. Brett Kavanaugh, Fixing Statutory Interpretation, 129 harv . ... For an early case expanding speech protections to all forms of expression, see Thomas Irwin Emerson, the system of freeDom ...
-
Law and Leviathan: Redeeming the Administrative State
By Cass R. Sunstein, Adrian VermeuleF. H. Buckley, The Once and Future King: The Rise of Crown Government in America (2015); Philip Hamburger, Is Administrative Law Unlawful? (2014). 19. Free Enter. Fund v. Pub. Co. Accounting Oversight Bd., 561 U.S. 477 (2010). 20.
-
Purchasing Submission: Conditions, Power, and Freedom
By Philip HAMBURGERPurchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.
-
Law and Judicial Duty
By Philip HAMBURGERMacgregore therefore brought an action of debt for the use of the county as well as himself before Justice of the Peace John Neal.81 The trial took place in April in Londonderry, at the inn kept by Captain Jacob Martin, ...
-
Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law
By Jerry L. MashawOn the difficulties of this period, see PHILLIPS, supra note 39, at 33—45. 54. A few state banks were used in the East as well. See Banks in Which the Receipts from the Public Lands Are Deposited (Feb. 14, 1822), reprinted in 3 AMERICAN ...
-
Understanding Administrative Law in the Common Law World
By Paul DalyThis book offers a new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand.
-
Separation of Church and State
By Philip HAMBURGERIn a powerful challenge to conventional wisdom, Philip Hamburger argues that the separation of church and state has no historical foundation in the First Amendment.
-
Law’s Abnegation
By Adrian VermeuleAdrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and ...
-
Reasoned Administration and Democratic Legitimacy: How Administrative Law Supports Democratic Government
By Jerry L. MashawIn an argument combining history, sociology, political theory and law, this book demonstrates how administrative law's demand for reasoned administration structures administrative decision-making, empowers actors within and outside the ...