An Introduction to American Administrative Law
Author | : Bernard Schwartz |
Publisher | : |
Total Pages | : 294 |
Release | : 1962 |
Genre | : Law |
ISBN | : |
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Author | : Bernard Schwartz |
Publisher | : |
Total Pages | : 294 |
Release | : 1962 |
Genre | : Law |
ISBN | : |
Author | : Bernard Schwartz |
Publisher | : |
Total Pages | : 272 |
Release | : 1972 |
Genre | : |
ISBN | : |
Author | : Bernard Schwartz |
Publisher | : |
Total Pages | : 272 |
Release | : 1962 |
Genre | : Administrative law |
ISBN | : |
Author | : Ernst Freund |
Publisher | : |
Total Pages | : 204 |
Release | : 1923 |
Genre | : Administrative law |
ISBN | : |
Author | : Jerry L. Mashaw |
Publisher | : Yale University Press |
Total Pages | : 420 |
Release | : 2012-06-26 |
Genre | : Law |
ISBN | : 030018347X |
This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority. The legislative and administrative practices of the U.S. Constitution’s first century created an administrative constitution hardly hinted at in its formal text. Beyond describing a history that has previously gone largely unexamined, this book, in the author’s words, will "demonstrate that there has been no precipitous fall from a historical position of separation-of-powers grace to a position of compromise; there is not a new administrative constitution whose legitimacy should be understood as not only contestable but deeply problematic."
Author | : Philip Hamburger |
Publisher | : University of Chicago Press |
Total Pages | : 646 |
Release | : 2014-05-27 |
Genre | : Law |
ISBN | : 022611645X |
“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 | : Jerry L. Mashaw |
Publisher | : |
Total Pages | : 100 |
Release | : 1992 |
Genre | : Law |
ISBN | : |
Author | : James F. Prescott (Jr.) |
Publisher | : |
Total Pages | : 226 |
Release | : 2010 |
Genre | : Administrative law |
ISBN | : |
Author | : Susan Rose-Ackerman |
Publisher | : Edward Elgar Publishing |
Total Pages | : 753 |
Release | : 2017-08-25 |
Genre | : Law |
ISBN | : 178471867X |
A comprehensive overview of the field of comparative administrative law that builds on the first edition with many new and revised chapters, additional topics and extended geographical coverage. This Research Handbook’s broad, multi-method approach combines history and social science with more strictly legal analyses. This new edition demonstrates the growth and dynamism of recent efforts – spearheaded by the first edition – to stimulate comparative research in administrative law and public law more generally, reaching across different countries and scholarly disciplines.
Author | : Daniel L. Feldman |
Publisher | : CQ Press |
Total Pages | : 338 |
Release | : 2015-09-23 |
Genre | : Political Science |
ISBN | : 1506308562 |
Administrative Law: The Sources and Limits of Government Agency Power explains the sources of administrative agency authority in the United States, how agencies make rules, the rights of clients and citizens in agency hearings, and agency interaction with other branches of government. This concise text examines the everyday challenges of administrative responsibilities and provides students with a way to understand and manage the complicated mission that is governance. Written by leading scholar Daniel Feldman, the book avoids technical legal language, but at the same time provides solid coverage of legal principles and exemplar studies, which allows students to gain a clear understanding of a complicated and critical aspect of governance.