Author: Lee ModjeskaPublisher:
ISBN:
Category : Administrative law
Languages : en
Pages : 476
Book Description
Is Administrative Law Unlawful?
Author: Philip HamburgerPublisher: University of Chicago Press
ISBN: 022611645X
Category : Law
Languages : en
Pages : 646
Book 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.
Administrative Law
Author: Sir William WadePublisher: Oxford University Press, USA
ISBN: 9780199270217
Category : Law
Languages : en
Pages : 1035
Book Description
Written for undergraduate students and practitioners of law, the eighth edition of Administrative Law has been substantially amended and revised to reflect the present state of English law.
Author: Frank J. GoodnowState and Federal Administrative Law
Author: Michael AsimowPublisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 896
Book Description
State and Federal Administrative Law, Second Edition, contains thorough, up-to-date coverage of administrative law issues in both federal and state contexts. Although the book can be used for a course that focuses primarily on federal law, its dual coverage allows an instructor to highlight the insights that can emerge from a comparison between federal and state approaches to the same issues. The book exposes students to a broad sample of the federal, state, and local administrative agencies that they will encounter in their professional lives. The book also contains many short, concrete problems that enable instructors to make use of the problem method.
Law and Leviathan
Author: Cass R. SunsteinPublisher: Harvard University Press
ISBN: 0674247531
Category : Law
Languages : en
Pages : 209
Book Description
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.
Textbook on Administrative Law
Author: Peter LeylandPublisher: Oxford University Press, USA
ISBN: 0199601666
Category : Law
Languages : en
Pages : 545
Book Description
The seventh edition of Textbook on Administrative Law continues to provide students with an accessible and stimulating guide to the subject. Practical in approach, the authors concentrate on fully analysing core topics, while at the same time setting them within a contextual and thematic framework.
California Administrative Law
Author: Michael AsimowPublisher: West Academic Publishing
ISBN: 9780314263445
Category : Administrative law
Languages : en
Pages : 0
Book Description
It is essential to cover California administrative law in an administrative law course in California. First, the clients of California lawyers are much more likely to have disputes with California state and local agencies than with federal agencies. Second, California administrative law is very different from federal law. In virtually every instance, these differences lie in the direction of protecting private business and individual interests rather than favoring the agencies. California Administrative Law is designed as a supplement to be used in the basic administrative law course. It could also be used as the text for an advanced course or seminar in California administrative law.
Author: Charles H. KochA Blackletter Statement of Federal Administrative Law
Author: American Bar Association. Section of Administrative Law and Regulatory PracticePublisher: American Bar Association
ISBN:
Category : Administrative agencies
Languages : en
Pages : 116
Book Description
The Blackletter Statement of Federal Administrative Law is published by the Administrative Law section of the American Bar Association.
