Is administrative law unlawful?

Book Cover
Publisher:
The University of Chicago Press
Pub. Date:
2014
Language:
English
Description
"Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous." — Law and Politics Book Review 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.
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ISBN:
9780226116594
9780226116457
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Grouping Information

Grouped Work ID57548099-9192-45d2-6dba-360944ebe492
Grouping Titleis administrative law unlawful
Grouping Authorphilip hamburger
Grouping Categorybook
Grouping LanguageEnglish (eng)
Last Grouping Update2024-03-10 17:49:44PM
Last Indexed2024-05-01 23:44:16PM

Solr Fields

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0
accelerated_reader_reading_level
0
author
Hamburger, Philip, 1957-
author2-role
hoopla digital
author_display
Hamburger, Philip
available_at_ccu
Colorado Christian University
detailed_location_ccu
CCU Circulating Books (off-campus)
display_description
"Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous." — Law and Politics Book Review 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.
format_category_ccu
Books
format_ccu
Book
id
57548099-9192-45d2-6dba-360944ebe492
isbn
9780226116457
9780226116594
itype_ccu
Book
last_indexed
2024-05-02T05:44:16.597Z
lexile_score
-1
literary_form
Non Fiction
literary_form_full
Non Fiction
local_callnumber_ccu
K 3400 .H359 2014
owning_library_ccu
Colorado Christian University
owning_location_ccu
Colorado Christian University
primary_isbn
9780226116594
publishDate
2014
publisher
The University of Chicago Press
recordtype
grouped_work
subject_facet
Administrative law
Administrative law -- History
Administrative law -- Philosophy
Administrative law -- United States
Electronic books
History
History -- Methodology
Law
Nonfiction
Politics
Rechtsphilosophie
USA
United States
Verwaltungsrecht
title_display
Is administrative law unlawful?
title_full
Is Administrative Law Unlawful? [electronic resource] / Philip Hamburger
Is administrative law unlawful? / Philip Hamburger
Is administrative law unlawful? [electronic resource]. Philip Hamburger
title_short
Is administrative law unlawful?
topic_facet
Administrative law
Electronic books
History
Law
Methodology
Nonfiction
Philosophy
Politics
Rechtsphilosophie
Verwaltungsrecht

Solr Details Tables

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ils:.b43162782.i85871175CCU Circulating Books (off-campus)K 3400 .H359 20141falsefalseOn ShelfOct 09, 2023ccbk

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overdrivecmc:ODN0003946481eBookeBookEnglish20141 online resource
hoopla:MWT15651746eBookeBookEnglishThe University of Chicago Press20141 online resource (646 pages)
ils:.b43162782BookBooksEnglishThe University of Chicago Press2014635 pages ; 24 cm

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