Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law (Yale Law Library Series in Legal History and Reference)

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Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law (Yale Law Library Series in Legal History and Reference) image
ISBN-10:

0300180020

ISBN-13:

9780300180022

Author(s): Mashaw, Jerry L.
Edition: 63415th
Released: Jul 17, 2012
Format: Paperback, 432 pages
Related ISBN: 9780300172300

Description:

This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Jerry 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. 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."

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