Creating the administrative constitution
Subtitle: the lost one hundred years of American administrative law
By: Jerry L. Mashaw
Series: Yale law library series in legal history and reference
Publisher: Yale University Press; Brand: Yale University Press
Published: 2012
Place of publication: New Haven
Language: eng
Number of pages: 432
ISBN-13: 9780300172300
Subjects: LAW / Constitutional; Administrative law; POLITICAL SCIENCE / Government / Executive Branch; Administrative procedure; LAW / Administrative Law & Regulatory Practice; History; HISTORY / United States / 19th Century
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.""--
Notes: Includes bibliographical references and index.