Law and Leviathan
redeeming the administrative state
- ISBN: 9780674278691
- Editorial: The Belknap Press of Harvard University Press
- Fecha de la edición: 2022
- Lugar de la edición: Cambridge (MSS). Estados Unidos de Norteamérica
- Encuadernación: Rústica
- Medidas: 20 cm
- Nº Pág.: 208
- Idiomas: Inglés
Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones.
These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the "deep state" and yearn for its downfall.