Document Type
Article
Publication Date
2016
Abstract
My book asks Is Administrative Law Unlawful? Adrian Vermeule answers “No.” In support of his position, he claims that my book does not really make arguments from the U.S. Constitution, that it foolishly denounces administrative power for lacking legislative authorization, that it grossly misunderstands this power and the underlying judicial doctrines, and ultimately that I argue “like a child.”
My book actually presents a new conception of administrative power, its history, and its unconstitutionality; as Vermeule has noted elsewhere, it offers a new paradigm. Readers therefore should take seriously the arguments against the book. They also, however, should recognize that the book unavoidably has provoked a strong reaction. The question here, therefore, is whether Vermeule’s heated denunciation is more revealing about the book or about the difficulty of defending administrative power.
Disciplines
Administrative Law | Comparative and Foreign Law | Constitutional Law | International Relations | Law | Law and Politics | Legal History
Recommended Citation
Philip A. Hamburger,
Vermeule Unbound,
94
Tex. L. Rev. See Also
205
(2016).
Available at:
https://scholarship.law.columbia.edu/faculty_scholarship/2771
Included in
Administrative Law Commons, Comparative and Foreign Law Commons, Constitutional Law Commons, International Relations Commons, Law and Politics Commons, Legal History Commons
Comments
Copyright © 2016 Texas Law Review Association.