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Law & Leviathan redeeming the administrative state
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| 자료유형 | 단행본 |
|---|---|
| 서명/저자사항 | Law & Leviathan : redeeming the administrative state/ Cass R. Sunstein, Adrian Vermeule. |
| 개인저자 | Sunstein, Cass R.,author. Vermeule, Adrian,1968- author, |
| 형태사항 | 1 online resource. |
| 기타표제 | Law and Leviathan : redeeming the administrative state. |
| 기타형태 저록 | Print version: Sunstein, Cass R. Law & Leviathan. Cambridge, Massachusetts : The Belknap Press of Harvard University Press, 2020 9780674247536 |
| ISBN | 9780674249837 0674249836 9780674249813 067424981X |
| 기타표준부호 | 10.4159/9780674249837doi |
| 내용주기 | Introduction: "Long-Continued and Hard-Fought Contentions" -- 1 The New Coke -- 2 Law's Morality, 1. Rules and Discretion -- 3 Law's Morality, 2. Consistency and Reliance -- 4 Law's Morality, 3. Limits, Trade-offs, and the Judicial Role -- 5 Surrogate Safeguards in Action -- Final Words -- Notes -- Acknowledgments -- Index. |
| 요약 | From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as "the deep state."Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions.Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other.These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall. |
| 주제명(지명) | United States. --fast |
| 일반주제명 | Administrative agencies --United States. Administrative discretion --United States. Government accountability --United States. Administrative agencies. Administrative discretion. Government accountability. |
| 언어 | In English. |
| 바로가기 |  |
