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Title: CREATING THE ADMINISTRATIVE CONSTITUTION
THE LOST ONE HUNDRED YEARS OF AMERICAN ADMINISTRATIVE LAW
By: Jerry L. Mashaw
Format: Hardback

List price: £50.00


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ISBN 10: 0300172303
ISBN 13: 9780300172300
Publisher: YALE UNIVERSITY PRESS
Pub. date: 8 June, 2012
Series: Yale Law Library Series in Legal History and Reference
Pages: 448
Description: Looks at administration and administrative law in the earliest days of the American republic. The author demonstrates that from the very beginning of the republic Congress delegated vast discretion to administrative officials and armed them with extrajudicial adjudicatory, rulemaking, and enforcement authority.
Synopsis: This groundbreaking book is the first to look at administration and administrative law in the earliest days of the American republic. Contrary to conventional understandings, Mashaw demonstrates that from the very beginning of the republic 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. Beyond describing a history that has previously gone largely unexamined, 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".
Publication: US
Imprint: Yale University Press
Returns: Returnable
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