Journal Article

Can the Administrative State be Tamed?

Christopher DeMuth

in Journal of Legal Analysis

Volume 8, issue 1, pages 121-190
Published in print June 2016 | ISSN: 2161-7201
Published online February 2016 | e-ISSN: 1946-5319 | DOI: https://dx.doi.org/10.1093/jla/law003

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The modern American administrative state is a regime of lawmaking by ad hoc managed democracy. It is the product of modern affluence and technology—which have reduced political transactions costs, increased demands for government intervention, and enabled Congress to supply the increased demands by transferring lawmaking to executive agencies. Specialized, hierarchical agencies can employ communication and information technology much more thoroughly than a conflict-riven legislature, and thereby generate law on a much larger scale. Today’s administrative state departs from traditional rule-of-law values in important respects; understanding its roots in affluence and technology points to both constraints and opportunities for legal reformers.

Journal Article.  29200 words. 

Subjects: Jurisprudence and Philosophy of Law ; Economics

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