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The Resource Is administrative law unlawful?, Philip Hamburger

Is administrative law unlawful?, Philip Hamburger

Label
Is administrative law unlawful?
Title
Is administrative law unlawful?
Statement of responsibility
Philip Hamburger
Creator
Author
Subject
Language
eng
Summary
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 shows that it revives a version of medieval and early modern absolute power, including the 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 through the law of the land and the courts, not through administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned to precisely the sort of absolute power that the US Constitution - and American 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 benign, natural outgrowth of contemporary life but a perniciuos - and profoundly unlawful - return to dangerous preconstitutional absolutism. -- from book jacket
Cataloging source
ICU/DLC
Dewey number
342/.06
Index
index present
LC call number
K3400
LC item number
.H359 2014
Literary form
non fiction
Nature of contents
bibliography
Target audience
adult
Label
Is administrative law unlawful?, Philip Hamburger
Instantiates
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Introduction -- The debate -- Conceptual framework -- Extralegal legislation -- Proclamations -- Interpretation, regulation, and taxation -- Suspending and dispensing powers -- Lawful executive acts adjacent to legislation -- Return to extralegal legislation -- Extralegal adjudication -- Prerogative courts -- Without judges and juries -- Inquisitorial process -- Prerogative orders and warrants -- Lawful executive acts adjacent to adjudication -- Return to extralegal adjudication -- Rule through the law and courts of law -- Supralegal power and judicial deference -- Deference -- Return to deference -- Consolidated power -- Unspecialized -- Undivided -- Unrepresentative -- Subdelegated -- Unfederal -- Absolute power -- Absolutism -- Necessity -- The German connection -- Obstacles -- Conclusion
Control code
ocn859186529
Dimensions
24 cm
Extent
635 pages
Isbn
9780226116594
Lccn
2013040559
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
  • (Sirsi) o859186529
  • (OCoLC)859186529
Label
Is administrative law unlawful?, Philip Hamburger
Publication
Copyright
Bibliography note
Includes bibliographical references and index
Carrier category
volume
Carrier category code
nc
Carrier MARC source
rdacarrier
Content category
text
Content type code
txt
Content type MARC source
rdacontent
Contents
Introduction -- The debate -- Conceptual framework -- Extralegal legislation -- Proclamations -- Interpretation, regulation, and taxation -- Suspending and dispensing powers -- Lawful executive acts adjacent to legislation -- Return to extralegal legislation -- Extralegal adjudication -- Prerogative courts -- Without judges and juries -- Inquisitorial process -- Prerogative orders and warrants -- Lawful executive acts adjacent to adjudication -- Return to extralegal adjudication -- Rule through the law and courts of law -- Supralegal power and judicial deference -- Deference -- Return to deference -- Consolidated power -- Unspecialized -- Undivided -- Unrepresentative -- Subdelegated -- Unfederal -- Absolute power -- Absolutism -- Necessity -- The German connection -- Obstacles -- Conclusion
Control code
ocn859186529
Dimensions
24 cm
Extent
635 pages
Isbn
9780226116594
Lccn
2013040559
Media category
unmediated
Media MARC source
rdamedia
Media type code
n
System control number
  • (Sirsi) o859186529
  • (OCoLC)859186529

Library Locations

    • Evanston Public Library MainBorrow it
      1703 Orrington Avenue, Evanston, IL, 60201-3886, US
      42.04838 -87.680541
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