With a clear yet many layered argument that draws on history law and legal thought is administrative law unlawfulreveals administrative law to be not a benign natural outgrowth of contemporary government but a pernicious and profoundly unlawful return to dangerous pre constitutional absolutism. Last year the university of chicago press published is administrative law unlawful by philip hamburger the maurice and hilda friedman professor of law at the columbia university school of lawa book by a named professor at a top ten school published by a respected academic publisher with a provocative title would seem to be a must read book for adlaw aficionados. Philip hamburgers is administrative law unlawful is a timely and major contribution to the most significant constitutional crisis of our time. When law in america can be made by executive pen and phone alone indeed by a white house press release were faced starkly with a fundamental constitutional question is . Philip hamburgers book is administrative law unlawful will remind readers that much of modern bureaucracy violates the careful separation of powers that the framers wrote into the constitution hamburger detailed in his 2014 tome how administrative law if you can call it that returns modern government to the historical exercise of prerogative
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