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Irish Yearbook of International Law, Volume 7, 2012 (Irish Yearbook of International Law)
by Fiona De Londras Siobhán MullallyThe Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the Law of the Sea and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally.As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.
The Irish Yearbook of International Law, Volume 8, 2013 (Irish Yearbook of International Law #8)
by Fiona De Londras Siobhán MullallyThe Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the Law of the Sea and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally.As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.
The Irish Yearbook of International Law, Volume 8, 2013 (Irish Yearbook of International Law #8)
by Fiona De Londras Siobhán MullallyThe Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the Law of the Sea and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally.As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.
The Irish Yearbook of International Law, Volume 9, 2014 (Irish Yearbook of International Law)
by Fiona De Londras Siobhán MullallyThe Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the Law of the Sea and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. Publication of The Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally.As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.The ninth volume of The Irish Yearbook of International Law engages with contemporary issues in international law, raising questions both as to the conceptual underpinnings of international law in relation to the Responsibility to Protect doctrine, and state practice in fields such as Law of the Sea and belligerent occupation, prosecution of war crimes in domestic courts, and the evolving field of international disability law.
The Irish Yearbook of International Law, Volume 9, 2014 (Irish Yearbook of International Law #9)
by Fiona De Londras Siobhán MullallyThe Irish Yearbook of International Law (IYIL) supports research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international bodies, Ireland and the Law of the Sea and the law of the European Union as relevant to developments in Ireland. In addition, the Yearbook reproduces key documents that reflect Irish practice on contemporary issues of international law. Publication of The Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also makes an important contribution to post-conflict and transitional justice studies internationally.As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.The ninth volume of The Irish Yearbook of International Law engages with contemporary issues in international law, raising questions both as to the conceptual underpinnings of international law in relation to the Responsibility to Protect doctrine, and state practice in fields such as Law of the Sea and belligerent occupation, prosecution of war crimes in domestic courts, and the evolving field of international disability law.
The Irish Yearbook of International Law, Volumes 4-5, 2009-10 (Irish Yearbook of International Law)
by Fiona de Londras agus Siobhán Ní MhaolealaidhThe Irish Yearbook of International Law is intended to stimulate further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation bodies in Ireland. In addition, the Yearbook reproduces documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also make an important contribution to post-conflict and transitional justice studies internationally.As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.
The Irish Yearbook of International Law, Volumes 4-5, 2009-10 (Irish Yearbook of International Law)
by Fiona De Londras Siobhán MullallyThe Irish Yearbook of International Law is intended to stimulate further research into Ireland's practice in international affairs and foreign policy, filling a gap in existing legal scholarship and assisting in the dissemination of Irish thinking and practice on matters of international law. On an annual basis, the Yearbook presents peer-reviewed academic articles and book reviews on general issues of international law. Designated correspondents provide reports on international law developments in Ireland, Irish practice in international fora and the European Union, and the practice of joint North-South implementation bodies in Ireland. In addition, the Yearbook reproduces documents that reflect Irish practice on contemporary issues of international law. Publication of the Irish Yearbook of International Law makes Irish practice and opinio juris more readily available to Governments, academics and international bodies when determining the content of international law. In providing a forum for the documentation and analysis of North-South relations the Yearbook also make an important contribution to post-conflict and transitional justice studies internationally.As a matter of editorial policy, the Yearbook seeks to promote a multilateral approach to international affairs, reflecting and reinforcing Ireland's long-standing commitment to multilateralism as a core element of foreign policy.
The Ironies of Affirmative Action: Politics, Culture, and Justice in America (Morality and Society Series)
by John David SkrentnyAffirmative action has been fiercely debated for more than a quarter of a century, producing much partisan literature, but little serious scholarship and almost nothing on its cultural and political origins. The Ironies of Affirmative Action is the first book-length, comprehensive, historical account of the development of affirmative action. Analyzing both the resistance from the Right and the support from the Left, Skrentny brings to light the unique moral culture that has shaped the affirmative action debate, allowing for starkly different policies for different citizens. He also shows, through an analysis of historical documents and court rulings, the complex and intriguing political circumstances which gave rise to these controversial policies. By exploring the mystery of how it took less than five years for a color-blind policy to give way to one that explicitly took race into account, Skrentny uncovers and explains surprising ironies: that affirmative action was largely created by white males and initially championed during the Nixon administration; that many civil rights leaders at first avoided advocacy of racial preferences; and that though originally a political taboo, almost no one resisted affirmative action. With its focus on the historical and cultural context of policy elites, The Ironies of Affirmative Action challenges dominant views of policymaking and politics.
The Ironies of Affirmative Action: Politics, Culture, and Justice in America (Morality and Society Series)
by John David SkrentnyAffirmative action has been fiercely debated for more than a quarter of a century, producing much partisan literature, but little serious scholarship and almost nothing on its cultural and political origins. The Ironies of Affirmative Action is the first book-length, comprehensive, historical account of the development of affirmative action. Analyzing both the resistance from the Right and the support from the Left, Skrentny brings to light the unique moral culture that has shaped the affirmative action debate, allowing for starkly different policies for different citizens. He also shows, through an analysis of historical documents and court rulings, the complex and intriguing political circumstances which gave rise to these controversial policies. By exploring the mystery of how it took less than five years for a color-blind policy to give way to one that explicitly took race into account, Skrentny uncovers and explains surprising ironies: that affirmative action was largely created by white males and initially championed during the Nixon administration; that many civil rights leaders at first avoided advocacy of racial preferences; and that though originally a political taboo, almost no one resisted affirmative action. With its focus on the historical and cultural context of policy elites, The Ironies of Affirmative Action challenges dominant views of policymaking and politics.
The Ironies of Affirmative Action: Politics, Culture, and Justice in America (Morality and Society Series)
by John David SkrentnyAffirmative action has been fiercely debated for more than a quarter of a century, producing much partisan literature, but little serious scholarship and almost nothing on its cultural and political origins. The Ironies of Affirmative Action is the first book-length, comprehensive, historical account of the development of affirmative action. Analyzing both the resistance from the Right and the support from the Left, Skrentny brings to light the unique moral culture that has shaped the affirmative action debate, allowing for starkly different policies for different citizens. He also shows, through an analysis of historical documents and court rulings, the complex and intriguing political circumstances which gave rise to these controversial policies. By exploring the mystery of how it took less than five years for a color-blind policy to give way to one that explicitly took race into account, Skrentny uncovers and explains surprising ironies: that affirmative action was largely created by white males and initially championed during the Nixon administration; that many civil rights leaders at first avoided advocacy of racial preferences; and that though originally a political taboo, almost no one resisted affirmative action. With its focus on the historical and cultural context of policy elites, The Ironies of Affirmative Action challenges dominant views of policymaking and politics.
The Ironies of Affirmative Action: Politics, Culture, and Justice in America (Morality and Society Series)
by John David SkrentnyAffirmative action has been fiercely debated for more than a quarter of a century, producing much partisan literature, but little serious scholarship and almost nothing on its cultural and political origins. The Ironies of Affirmative Action is the first book-length, comprehensive, historical account of the development of affirmative action. Analyzing both the resistance from the Right and the support from the Left, Skrentny brings to light the unique moral culture that has shaped the affirmative action debate, allowing for starkly different policies for different citizens. He also shows, through an analysis of historical documents and court rulings, the complex and intriguing political circumstances which gave rise to these controversial policies. By exploring the mystery of how it took less than five years for a color-blind policy to give way to one that explicitly took race into account, Skrentny uncovers and explains surprising ironies: that affirmative action was largely created by white males and initially championed during the Nixon administration; that many civil rights leaders at first avoided advocacy of racial preferences; and that though originally a political taboo, almost no one resisted affirmative action. With its focus on the historical and cultural context of policy elites, The Ironies of Affirmative Action challenges dominant views of policymaking and politics.
Irrationality: A History of the Dark Side of Reason
by Justin E. SmithA fascinating history that reveals the ways in which the pursuit of rationality often leads to an explosion of irrationalityIt’s a story we can’t stop telling ourselves. Once, humans were benighted by superstition and irrationality, but then the Greeks invented reason. Later, the Enlightenment enshrined rationality as the supreme value. Discovering that reason is the defining feature of our species, we named ourselves the “rational animal.” But is this flattering story itself rational? In this sweeping account of irrationality from antiquity to today—from the fifth-century BC murder of Hippasus for revealing the existence of irrational numbers to the rise of Twitter mobs and the election of Donald Trump—Justin Smith says the evidence suggests the opposite. From sex and music to religion and war, irrationality makes up the greater part of human life and history.Rich and ambitious, Irrationality ranges across philosophy, politics, and current events. Challenging conventional thinking about logic, natural reason, dreams, art and science, pseudoscience, the Enlightenment, the internet, jokes and lies, and death, the book shows how history reveals that any triumph of reason is temporary and reversible, and that rational schemes, notably including many from Silicon Valley, often result in their polar opposite. The problem is that the rational gives birth to the irrational and vice versa in an endless cycle, and any effort to permanently set things in order sooner or later ends in an explosion of unreason. Because of this, it is irrational to try to eliminate irrationality. For better or worse, it is an ineradicable feature of life.Illuminating unreason at a moment when the world appears to have gone mad again, Irrationality is fascinating, provocative, and timely.
Irrationality: A History of the Dark Side of Reason
by Justin E. SmithFrom sex and music to religion and politics, a history of irrationality and the ways in which it has always been with us—and always will beIn this sweeping account of irrationality from antiquity to the rise of Twitter mobs and the election of Donald Trump, Justin Smith argues that irrationality makes up the greater part of human life and history. Ranging across philosophy, politics, and current events, he shows that, throughout history, every triumph of reason has been temporary and reversible, and that rational schemes often result in their polar opposite. Illuminating unreason at a moment when the world appears to have gone mad again, Irrationality is timely, provocative, and fascinating.
Irrationality: A History of the Dark Side of Reason
by Justin E. SmithFrom sex and music to religion and politics, a history of irrationality and the ways in which it has always been with us—and always will beIn this sweeping account of irrationality from antiquity to the rise of Twitter mobs and the election of Donald Trump, Justin Smith argues that irrationality makes up the greater part of human life and history. Ranging across philosophy, politics, and current events, he shows that, throughout history, every triumph of reason has been temporary and reversible, and that rational schemes often result in their polar opposite. Illuminating unreason at a moment when the world appears to have gone mad again, Irrationality is timely, provocative, and fascinating.
Irresolute Clay: Shaping the Foundations of Modern Environmental Law
by Richard MacroryAt a time of profound change and rethinking, this book provides insights into how environmental law in the UK has developed into its current form, and considers challenges it will face in the future. Irresolute Clay is not a legal history or textbook, nor a conventional set of legal memoirs. Instead it offers a personal account of the inside stories as experienced by one of the key architects of contemporary environmental law. Taking a thematic approach, it charts fundamental tenets of the subject (such as environmental sanctions, the European dimension, developing the academic discipline of environmental law, and environmental courts and tribunals), from the beginnings of the modern environmental law era in the 1970s to the present day.
Irresolute Clay: Shaping the Foundations of Modern Environmental Law
by Richard MacroryAt a time of profound change and rethinking, this book provides insights into how environmental law in the UK has developed into its current form, and considers challenges it will face in the future. Irresolute Clay is not a legal history or textbook, nor a conventional set of legal memoirs. Instead it offers a personal account of the inside stories as experienced by one of the key architects of contemporary environmental law. Taking a thematic approach, it charts fundamental tenets of the subject (such as environmental sanctions, the European dimension, developing the academic discipline of environmental law, and environmental courts and tribunals), from the beginnings of the modern environmental law era in the 1970s to the present day.
Irresolvable Norm Conflicts in International Law: The Concept of a Legal Dilemma (Oxford Monographs in International Law)
by Valentin JeutnerConventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.
Irresolvable Norm Conflicts in International Law: The Concept of a Legal Dilemma (Oxford Monographs in International Law)
by Valentin JeutnerConventionally, international legal scholarship concerned with norm conflicts focuses on identifying how international law can or should resolve them. This book adopts a different approach. It focuses on identifying those norm conflicts that law cannot and should not resolve. The book offers an unprecedented, controversial, yet sophisticated, argument in favour of construing such irresolvable conflicts as legal dilemmas. Legal dilemmas exist when a legal actor confronts a conflict between at least two legal norms that cannot be avoided or resolved. Addressing both academics and practitioners, the book aims to identify the character and consequences of legal dilemmas, to distil their legal function within the sphere of international law, and to encourage serious theoretical and practical investigation into the conditions that lead to a legal dilemma. The first part proposes a definition of legal dilemmas and distinguishes the term from numerous related concepts. Based on this definition, the second part scrutinises international law's contemporary norm conflict resolution and accommodation devices in order to identify their limited ability to resolve certain kinds of norm conflicts. Against the background of the limits identified in the second part, the third part outlines and evaluates the book's proposed method of dealing with legal dilemmas. In contrast to conventional approaches that recommend dealing with irresolvable norm conflicts by means of non liquet declarations, judicial law-making, or a balancing test, the book's proposal envisions that irresolvable norm conflicts are dealt with by judicial and sovereign actors in a complementary fashion. Judicial actors should openly acknowledge irresolvable conflicts and sovereign actors should decide with which norm they will comply. The book concludes with the argument that analysing various aspects of international law through the concept of a legal dilemma enhances its conceptual accuracy, facilitates more legitimate decision-making, and maintains its dynamic responsiveness.
Irrigation in the Mediterranean: Technologies, Institutions and Policies (Global Issues in Water Policy #22)
by François Molle Carles Sanchis-Ibor Llorenç Avellà-ReusMediterranean irrigation is diverse due to, among other factors, the relative importance of water in the economy of each country, varied levels of aridity, heterogeneous levels economic, social and technological levels of development, and differences in political and social organization. However, most of the Mediterranean countries face similar problems to meet their water demands because of the scarcity and variability of renewable resources, growing water requirements from non-agricultural sectors, increasing environmental concerns related to water quality and environmental degradation, a social demand for larger public participation, and important technological changes. The time has come to reconsider the “not one drop lost to the sea” philosophy of yesteryears largely and to 'live within limits'.This book focuses on eight selected countries (Tunisia, Morocco, Spain, France, Italy, Turkey, Israel and Egypt) and provides a comparative perspective that both thoroughly explores their specificities and identifies the common challenges faced by the irrigation sector in these countries. The book has been written at a critical moment, when the continued application of a supply-side water management model is revealing its unsustainable nature in numerous places; when significant technological changes are taking place in the irrigation sector; when new forms of management and governance are widely held as badly needed; and finally, when climate change is compounding many of the difficulties that have characterized irrigation policies and practices in the past decades.This complicated future context makes Mediterranean irrigation face various political dilemmas on water management, raising social tensions, triggering territorial and land conflicts, and stimulating new technological developments. This book provides a timely analysis of the particular trajectory of eight Mediterranean countries in these uncertain transformations, and attempts to identify the best strategies to avert or overcome future risks.
irs Best Practice in HR Handbook
by Neil RankinThis handbook provides HR professionals with a comprehensive desktop reference guide to best practice.It draws on new and exciting IRS research, surveys and case studies and has been written in a practical way making full use of checklists and examples.Providing best-practice guidelines from named organizations, this new handbook is designed to show you how to approach a wide range of HR and related areas.The handbook also gives you compliance material in an easy-to-use format, clarifying what the law requires.
irs Best Practice in HR Handbook
by Neil RankinThis handbook provides HR professionals with a comprehensive desktop reference guide to best practice.It draws on new and exciting IRS research, surveys and case studies and has been written in a practical way making full use of checklists and examples.Providing best-practice guidelines from named organizations, this new handbook is designed to show you how to approach a wide range of HR and related areas.The handbook also gives you compliance material in an easy-to-use format, clarifying what the law requires.
Is a Little Pollution Good for You?: Incorporating Societal Values in Environmental Research (Environmental Ethics and Science Policy Series)
by Kevin C. ElliottCould low-level exposure to polluting chemicals be analogous to exercise -- a beneficial source of stress that strengthens the body? Some scientists studying the phenomenon of hormesis (beneficial or stimulatory effects caused by low-dose exposure to toxic substances) claim that that this may be the case. Is A Little Pollution Good For You? critically examines the current evidence for hormesis. In the process, it highlights the range of methodological and interpretive judgments involved in environmental research: choices about what questions to ask and how to study them, decisions about how to categorize and describe new information, judgments about how to interpret and evaluate ambiguous evidence, and questions about how to formulate public policy in response to debated scientific findings. The book also uncovers the ways that interest groups with deep pockets attempt to influence these scientific judgments for their benefit. Several chapters suggest ways to counter these influences and incorporate a broader array of societal values in environmental research: (1) moving beyond conflict-of-interest policies to develop new ways of safeguarding academic research from potential biases; (2) creating deliberative forums in which multiple stakeholders can discuss the judgments involved in policy-relevant research; and (3) developing ethical guidelines that can assist scientific experts in disseminating debated and controversial phenomena to the public. Kevin C. Elliott illustrates these strategies in the hormesis case, as well as in two additional case studies involving contemporary environmental research: endocrine disruption and multiple chemical sensitivity. This book should be of interest to a wide variety of readers, including scientists, philosophers, policy makers, environmental ethicists and activists, research ethicists, industry leaders, and concerned citizens.
Is Administrative Law Unlawful?
by Philip HamburgerIs administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Is Administrative Law Unlawful?
by Philip HamburgerIs administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Is Administrative Law Unlawful?
by Philip HamburgerIs administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.