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Sep 30, 2017

Show 1945 Administrative Edicts or the Rule of Law- How Shall We Be Governed?

 Manhattan Institute 2016 Hayek Book Prize winner Dr. Philip Hamburger’s contrarian masterpiece- Is Administrative Law Unlawful?

 

2016 Hayek Lecture Featuring Dr. Philip Hamburger

Manhattan Institute

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U.S. administrative law, the body of law that governs the activities of public administrative agencies, touches virtually every area of American life. Debates over administrative law—widely viewed as an inevitable outgrowth of modern society—have focused on the details: what, and how much, administrative law is ideal? But few observers have dared to question whether administrative law should even exist. 

Is Administrative Law Unlawful?, Manhattan Institute 2016 Hayek Book Prize winner Philip Hamburger’s contrarian masterpiece, argues that the rise of administrative law, far from being a benign necessity of contemporary government, marks a return to medieval despotism. U.S. administrative law, explains Hamburger, the Maurice and Hilda Friedman Professor of Law at Columbia University Law School, is rooted in the practices of Europe’s absolute monarchs, where royal edict regularly usurped the law of the land, as established by parliaments and courts. June 7, 2016 | New York City

 

Segment 2-

Administrative Edicts or the Rule of Law: How Shall We Be Governed?

Hillsdale College

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https://youtu.be/8Wu3lw77t0E

 

Philip Hamburger. Professor of Law, Columbia Law School

Is administrative law unlawful? This provocative question becomes more significant as the modern administrative state continues to expand. 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 administrative rules and adjudication, raising disturbing questions about the effect of this sort of state power on American government and society. Published on May 12, 2014

Philip Hamburger is the Maurice and Hilda Friedman Professor of Law at Columbia Law School. He received his B.A. from Princeton University and his J.D. from Yale Law School. The author of Is Administrative Law Unlawful? and Separation of Church and State, he has taught at the University of Chicago Law School, the George Washington University Law School, the University of Virginia Law School, and Northwestern Law School.

From the Publisher-

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.

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