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Author: Philip Hamburger Publisher: 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.
Author: Philip Hamburger Publisher: 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.
Author: Dwight Waldo Publisher: Routledge ISBN: 1351486330 Category : Political Science Languages : en Pages : 384
Book Description
This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.
Author: Kenneth Warren Publisher: Routledge ISBN: 0429757328 Category : Political Science Languages : en Pages : 545
Book Description
Emphasizing that administrative law must be understood within the context of the political system, this core text combines a descriptive systems approach with a social science focus. Author Kenneth F. Warren explains the role of administrative law in shaping, guiding, and restricting the actions of administrative agencies. Providing comprehensive coverage, he examines the field not only from state and federal angles, but also from the varying perspectives of legislators, administrators, and the public. Substantially revised, the sixth edition emphasizes current trends in administrative law, recent court decisions, and the impact the Trump administration has had on public administration and administrative law. Special attention is devoted to how the neo-conservative revival, strengthened by Trump appointments to the federal judiciary, have influenced the direction of administrative law and impacted the administrative state. Administrative Law in the Political System: Law, Politics, and Regulatory Policy, Sixth Edition is a comprehensive administrative law textbook written by a social scientist for social science students, especially upper division undergraduate and graduate students in political science, public administration, public management, and public policy and administration programs.
Author: Joseph Postell Publisher: University of Missouri Press ISBN: 0826273785 Category : Political Science Languages : en Pages : 416
Book Description
The rise of the administrative state is the most significant political development in American politics over the past century. While our Constitution separates powers into three branches, and requires that the laws are made by elected representatives in the Congress, today most policies are made by unelected officials in agencies where legislative, executive, and judicial powers are combined. This threatens constitutionalism and the rule of law. This book examines the history of administrative power in America and argues that modern administrative law has failed to protect the principles of American constitutionalism as effectively as earlier approaches to regulation and administration.
Author: Philip Hamburger Publisher: Encounter Books ISBN: 159403950X Category : Political Science Languages : en Pages : 50
Book Description
Government agencies regulate Americans in the full range of their lives, including their political participation, their economic endeavors, and their personal conduct. Administrative power has thus become pervasively intrusive. But is this power constitutional? A similar sort of power was once used by English kings, and this book shows that the similarity is not a coincidence. In fact, administrative power revives absolutism. On this foundation, the book explains how administrative power denies Americans their basic constitutional freedoms, such as jury rights and due process. No other feature of American government violates as many constitutional provisions or is more profoundly threatening. As a result, administrative power is the key civil liberties issue of our era.
Author: Daniel R. Ernst Publisher: ISBN: 0199920869 Category : Business & Economics Languages : en Pages : 241
Book Description
Between 1900 and 1940, Americans confronted a puzzle: how could administrative agencies address the nation's troubles without violating individual liberty? From the close reasoning of judges, the self-interest of lawyers, and the machinations of politicians, an answer emerged. 'Judicialize' agencies' procedures, and a 'rule of lawyers' would keep America free.
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.) Publisher: ISBN: 9781680923025 Category : Languages : en Pages : 180
Book Description
A less-expensive grayscale paperback version is available. Search for ISBN 9781680923018. Business Law I Essentials is a brief introductory textbook designed to meet the scope and sequence requirements of courses on Business Law or the Legal Environment of Business. The concepts are presented in a streamlined manner, and cover the key concepts necessary to establish a strong foundation in the subject. The textbook follows a traditional approach to the study of business law. Each chapter contains learning objectives, explanatory narrative and concepts, references for further reading, and end-of-chapter questions. Business Law I Essentials may need to be supplemented with additional content, cases, or related materials, and is offered as a foundational resource that focuses on the baseline concepts, issues, and approaches.
Author: Philip Hamburger
Author: Philip Hamburger
Author: Andrew Alexander Bruce
Author: Dwight Waldo
Author: Saul Gordon
Author: Kenneth Warren
Author: William Alexander Robson
Author: Joseph Postell
Author: Philip Hamburger
Author: Daniel R. Ernst
Author: MIRANDE. DE ASSIS VALBRUNE (RENEE. CARDELL, SUZANNE.)