Is Administrative Law Unlawful?
Morristown, NJ, New Jersey 07960
New Jersey Lawyers Chapter
Speaker:
- Professor Philip Hamburger
Speaker:
- Professor Philip Hamburger, author, Is Administrative Law Unlawful?
Is Administrative Law Unlawful?
In his new book, Is Administrative Law Unlawful?, Professor Philip Hamburger answers the provocative question posed in his title in the affirmative. Rather than accepting administrative law as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative and 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 United States Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Professor Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the U.S. Constitution —and constitutions in general — were designed to prevent.
Appetizers will be served.
This program has been approved for 1 CLE credit.
This event is free and open to the public, but pre-registration is requested. Please email [email protected] if you plan to attend.
