Winner of the 2021 Scribes Book Award From two legal luminaries, a
highly original framework for restoring confidence in a government
bureaucracy increasingly derided as “the deep state.” Is the
modern administrative state illegitimate? Unconstitutional?
Unaccountable? Dangerous? Intolerable? American public law has long
been riven by a persistent, serious conflict, a kind of low-grade
cold war, over these questions. Cass Sunstein and Adrian Vermeule
argue that the administrative state can be redeemed, as long as
public officials are constrained by what they call the morality of
administrative law. Law and Leviathan elaborates a number of
principles that underlie this moral regime. Officials who respect
that morality never fail to make rules in the first place. They
ensure transparency, so that people are made aware of the rules
with which they must comply. They never abuse retroactivity, so
that people can rely on current rules, which are not under constant
threat of change. They make rules that are understandable and avoid
issuing rules that contradict each other. These principles may seem
simple, but they have a great deal of power. Already, without
explicit enunciation, they limit the activities of administrative
agencies every day. But we can aspire for better. In more robust
form, these principles could address many of the concerns that have
critics of the administrative state mourning what they see as the
demise of the rule of law. The bureaucratic Leviathan may be an
inescapable reality of complex modern democracies, but Sunstein and
Vermeule show how we can at last make peace between those who
accept its necessity and those who yearn for its downfall.
General
Imprint: |
Harvard University Press
|
Country of origin: |
United States |
Release date: |
September 2020 |
Authors: |
Cass R. Sunstein
• Adrian Vermeule
|
Dimensions: |
198 x 132 x 20mm (L x W x T) |
Format: |
Hardcover
|
Pages: |
208 |
ISBN-13: |
978-0-674-24753-6 |
Categories: |
Books
|
LSN: |
0-674-24753-1 |
Barcode: |
9780674247536 |
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