Is Administrative Law Unlawful

Author: Philip Hamburger
Publisher: University of Chicago Press
ISBN: 022611645X
Size: 18.22 MB
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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 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.

The Administrative Threat

Author: Philip Hamburger
Publisher: Encounter Books
ISBN: 159403950X
Size: 48.61 MB
Format: PDF
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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.

Administrative Law

Author: Mark Elliott
Publisher: Oxford University Press
ISBN: 0198719469
Size: 30.25 MB
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Administrative Law Text and Materials combines carefully selected extracts from key cases, articles and other sources with detailed commentary. An invaluable resource for undergraduates studying administrative law, it provides truly comprehensive coverage of the subject.

Reasoned Administration And Democratic Legitimacy

Author: Jerry L. Mashaw
Publisher: Cambridge University Press
ISBN: 1108421008
Size: 11.53 MB
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Reasoned Administration and Democratic Legitimacy: How Administrative Law Supports Democratic Government explores the fundamental bases for the legitimacy of the modern administrative state. While some have argued that modern administrative states are a threat to liberty and at war with democratic governance, Jerry Mashaw demonstrates that in fact reasoned administration is more respectful of rights and equal citizenship and truer to democratic values than lawmaking by either courts or legislatures. His account features the law's demand for reason giving and reasonableness as the crucial criterion for the legality of administrative action. In an argument combining history, sociology, political theory and law, this book demonstrates how administrative law's demand for reasoned administration structures administrative decision-making, empowers actors within and outside of the government, and supports a complex vision of democratic self-rule.

Cases Materials And Commentary On Administrative Law

Author: S. H. Bailey
Publisher: Sweet & Maxwell
ISBN: 9780421900707
Size: 68.99 MB
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* New edition of the leading casebook on administrative law * Features substantial extracts from leading cases, as well as extracts from relevant statutes, rules, government reports, White Papers, and inquiries * Incorporates developments brought about by the Human Rights Act 1998

Administrative Law

Author: Timothy Endicott
Publisher: Oxford University Press, USA
ISBN: 0198714505
Size: 71.58 MB
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Administrative Law explains the constitutional principles of the subject and brings clarity to this complex field of public law. The common law courts, government agencies, and Parliament have developed a wide variety of techniques for controlling the enormously diverse activities of twenty-first century government. Underlying all that variety is a set of constitutional principles. This book uses the law of judicial review to identify and to explain these principles, and then shows how they ought to be worked out in the private law of tort and contract, in the new Tribunals Service, and in non-judicial techniques such as investigations by ombudsmen, auditors, and other government agencies. The aim is to equip the reader to apply the constitutional principles to the problems of administrative law. The author uses a range of learning features to make complex points accessible. Chapters start with a 'look for' section which outlines the key ideas in each chapter, then 'from the mists of time' boxes and pop quizzes appear throughout, and each chapter is wrapped up with a 'take home message', critical questions, and a list of further reading. Online Resource Centre Administrative Law is accompanied by an extensive Online Resource Centre, which provides a unique resource for the subject. Features include: - Notes on key cases - Links to reports of important judgments, legislation, and other resources - Suggestions for answering the questions in the text - Updates to the law - A guide to the literature of administrative law - An online glossary - A guide for teachers

Beatson Matthews And Elliott S Administrative Law Text And Materials

Author: Mark Elliott
Publisher: Oxford University Press
ISBN: 0199238529
Size: 47.71 MB
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Beatson, Matthews and Elliott's Administrative Law Text & Materials combines carefully selected extracts from key cases, articles, and other sources with detailed commentary. Aimed at undergraduates studying administrative law, it provides comprehensive coverage of the subject and brings together in one volume the best features of a textbook and a casebook. Administrative law is presented in this book as the expression of a set of deeper constitutional and other policy concerns which fundamentally shape the relationship between the individual and the state, rather than simply as a body of legal rules which regulates that relationship. Online Resource Centre This book is accompanied by an Online Resource Centre, which includes bi-annual updates to the text, and a list of useful web links.

Administrative Law

Author: Parker, Collins
Publisher: University of Namibia Press
ISBN: 9991642463
Size: 19.95 MB
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Administrative Law: Cases and Materials is an important and comprehensive contribution to the legal literature on Namibian law. It will contribute to the development of Namibia’s jurisprudence. Experienced author and judge of the Namibian High Court, Dr Collins Parker discusses key principles of administrative law applicable to Namibia under the common law as developed and broadened by article 18 of the Namibian Constitution. To support propositions of law discussed in the text, he presents carefully selected extracts of judgments delivered in important cases. The book offers a rich source of judicial pronouncements as precedent that are not readily available to many students and teachers of law. The selected cases are from the superior courts in Namibia, South Africa, England, and Canada, all common law countries. There are also footnote references to cases from other common law countries like India, Zambia and Zimbabwe. Practitioners of law at the Bar or on the Bench, law researchers and other professionals in public authorities, including parastatals, private companies and other ord this book useful in the performance of their professional tasks.

Introduction To Administrative Law

Author: Neil Hawke
Publisher: Routledge
ISBN: 1135351775
Size: 30.45 MB
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First published in 1996. Routledge is an imprint of Taylor & Francis, an informa company.

Administrative Law

Author: Christopher Forsyth
Publisher: Oxford University Press, USA
ISBN: 0199683700
Size: 76.57 MB
Format: PDF
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Wade and Forsyth's Administrative Law has been a cornerstone of public law since its first edition in 1961. It provides a comprehensive and perceptive account of the principles of judicial review and the administrative arrangements of the United Kingdom. For over fifty years, Administrative Law has been trusted by students in the UK and internationally and is extensively cited by Courts in England and Wales.ChristopherForsyth has fully updated the eleventh edition in light of recent case law and legislation whilst ensuring that Administrative Law remains clear and easy to navigate.