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Is Administrative Law Unlawful? (Paperback)
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Is Administrative Law Unlawful? (Paperback)
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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.
General
Imprint: |
University of Chicago Press
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Country of origin: |
United States |
Release date: |
December 2015 |
Authors: |
Philip Hamburger
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Dimensions: |
156 x 227 x 36mm (L x W x T) |
Format: |
Paperback
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Pages: |
648 |
ISBN-13: |
978-0-226-32463-0 |
Categories: |
Books >
Law >
General
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LSN: |
0-226-32463-X |
Barcode: |
9780226324630 |
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