Is Administrative Law Unlawful

Author: Philip Hamburger
Publisher: University of Chicago Press
ISBN: 022611645X
Size: 28.31 MB
Format: PDF, Docs
View: 5415
Download
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.

Administrative Law

Author: Mark Elliott
Publisher: Oxford University Press
ISBN: 0198719469
Size: 15.86 MB
Format: PDF
View: 5771
Download
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.

Cases Materials And Commentary On Administrative Law

Author: S. H. Bailey
Publisher: Sweet & Maxwell
ISBN: 9780421900707
Size: 35.85 MB
Format: PDF, Kindle
View: 7125
Download
* 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 Threat

Author: Philip Hamburger
Publisher: Encounter Books
ISBN: 9781594039492
Size: 59.84 MB
Format: PDF, Kindle
View: 6019
Download

Beatson Matthews And Elliott S Administrative Law Text And Materials

Author: Mark Elliott
Publisher: Oxford University Press
ISBN: 0199238529
Size: 55.35 MB
Format: PDF, Docs
View: 291
Download
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 From The Inside Out

Author: Nicholas R. Parrillo
Publisher: Cambridge University Press
ISBN: 1316982785
Size: 22.71 MB
Format: PDF
View: 3527
Download
For a generation, Jerry L. Mashaw, the most boundary-pushing scholar in the field of administrative law, has argued that bureaucrats can and should self-generate the norms that give us a government of laws. Administrative Law from the Inside Out brings together a collection of twenty-one essays from leading scholars that interrogate, debate, and expand on themes in Mashaw's work as well as on the fundamental premises of their field. Mashaw has illuminated new ways of seeing administrative law, composed sweeping indictments of its basic principles, and built bridges to other disciplines. The contributors to this volume provide a collective account of administrative law's commitments, possibilities, limitations, and strains as an approach to governance and as an intellectual enterprise.

Administrative Law

Author: Timothy Endicott
Publisher: Oxford University Press
ISBN: 0199601755
Size: 25.87 MB
Format: PDF, Docs
View: 4571
Download
Administrative Law adopts a new approach to the subject: explaining the constitutional principles that underlie it and bringing unity to the diverse topics that students need to master to understand this complex branch of public law. The author's lively and analytical style encourages the development of a critical, questioning approach.

Eu Administrative Law

Author: Paul Craig
Publisher: Oxford University Press
ISBN: 0192567446
Size: 10.11 MB
Format: PDF
View: 6434
Download
The third edition of EU Administrative Law provides comprehensive coverage of the administrative system in the EU and the principles of judicial review that apply in this area. This revised edition provides important updates on each area covered, including new case law; institutional developments; and EU legislation. These changes are located within the framework of broader developments in the EU. The chapters in the first half of the book deal with all the principal variants of the EU administrative regime. Thus there are chapters dealing with the history and taxonomy of the EU administrative regime; direct administration; shared administration; comitology; agencies; social partners; and the open method of coordination. The coverage throughout focuses on the legal regime that governs the particular form of administration and broader issues of accountability, drawing on literature from political science as well as law. The focus in the second part of the book shifts to judicial review. There are detailed chapters covering all principles of judicial review and the discussion of the law throughout is analytical and contextual. It begins with the principles that have informed the development of EU judicial review. This is followed by a chapter dealing with the judicial system and the way in which reform could impact on the subject matter of the book. There are then chapters dealing with competence; access; transparency; process; law, fact and discretion; rights; equality; legitimate expectations; two chapters on proportionality; the precautionary principle; two chapters on remedies; and the Ombudsman.

Tradition And Change In Administrative Law

Author: Marina Künnecke
Publisher: Springer Science & Business Media
ISBN: 3540486895
Size: 49.52 MB
Format: PDF
View: 1394
Download
Administrative legal systems are based on national constitutional legal traditions and cultural values. This book offers a historical and comparative analysis of English and German Administrative law. There is a growing need for comparative material and analysis in Administrative law - this book provides a valuable contribution to this field.

Administrative Law

Author: Parker, Collins
Publisher: University of Namibia Press
ISBN: 9991642463
Size: 34.93 MB
Format: PDF, ePub, Docs
View: 1483
Download
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.