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Is Administrative Law Unlawful? by Philip Hamburger (Hardcover, 2014)

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Is administrative law unlawful? This is a central question in contemporary law and politics, and it has become all the more important 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 preconstitutional absolutism.

Product Identifiers

Publisher
T.H.E. University of Chicago Press
ISBN-13
9780226116594
eBay Product ID (ePID)
209296922

Product Key Features

Subject Area
Constitutional Law
Author
Philip Hamburger
Publication Name
Is Administrative Law Unlawful?
Format
Hardcover
Language
English
Subject
Law
Publication Year
2014
Type
Textbook
Number of Pages
648 Pages

Dimensions

Item Height
60mm
Item Width
90mm

Additional Product Features

Title_Author
Philip Hamburger
Country/Region of Manufacture
United States

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Is Administrative Law Unlawful? by Philip Hamburger (Hardcover, 2014)

Best-selling in Adult Learning & University

Secrets Of Mental Math: The Mathemagician's Guide to Lightening Calculation and Amazing Maths Tricks by Arthur Benjamin, Michael Shermer (Paperback, 2006)

Never Split the Difference: Negotiating as if Your Life Depended on It by Chris Voss, Tahl Raz (Paperback, 2017)

Die with Zero: Getting All You Can from Your Money and Your Life by Bill Perkins (Paperback, 2021)

The Manipulated Man by Esther Vilar (Paperback, 2008)

Code of Practice for In-service Inspection and Testing of Electrical Equipment by The Institution of Engineering and Technology (Paperback, 2020)

The Ethnic Cleansing of Palestine by Ilan Pappe (Paperback, 2007)

Why We Get Sick: The Hidden Epidemic at the Root of Most Chronic Disease and How to Fight It by Benjamin Bikman (Paperback, 2021)

Save on Adult Learning & University

Bold Beans: Beautiful, Brilliant and Exciting Recipes by Amelia Christie-Miller

The Concise Laws of Human Nature by Robert Greene Paperback, English

This Is Why You Dream: What your sleeping brain reveals about your waking life b

Zero to One: Notes on Start Ups, or How to Build the Future by Thiel, Peter The

Walther P.38: Germany's 9 mm Semiautomatic Pistol in World War II by Stephane...

Why We Get Sick : The Hidden Epidemic at the Root of Most Chronic Disease PB

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