Is Administrative Law Unlawful?

In Is Administrative Law Unlawful?, legal scholar Philip Hamburger examines the constitutional status of administrative law in the United States. He traces the historical roots of administrative power from medieval and early modern England through to contemporary American governance. The book challenges conventional assumptions about the legitimacy of the administrative state and federal agencies' authority. Through historical analysis and legal argument, Hamburger draws parallels between modern administrative law and past forms of executive power that Anglo-American law traditionally rejected. Hamburger analyzes key legal concepts including the separation of powers, delegation of authority, and due process rights. He investigates how administrative agencies combine legislative, executive, and judicial functions in ways that may conflict with constitutional principles. This work presents a fundamental critique of administrative governance while raising broader questions about constitutional limits on government power. The analysis connects historical precedents to current debates about the scope and structure of the American administrative state.

Readers call this book dense but meticulously researched, with extensive historical documentation tracing administrative law back to British royal prerogative powers. Many appreciate Hamburger's argument that modern administrative agencies exercise unconstitutional authority, though some find his thesis repetitive. Likes: - Detailed historical analysis and citations - Clear connection between past royal powers and current agency authority - Logical progression of constitutional arguments Dislikes: - Academic writing style challenges non-legal readers - Points become redundant across chapters - Some view historical comparisons as oversimplified Ratings: Amazon: 4.7/5 (126 reviews) Goodreads: 4.3/5 (89 ratings) Notable reader comments: "Exhaustively researched but requires serious concentration" - Amazon reviewer "Changed my perspective on administrative agencies" - Goodreads user "Important thesis buried in dense academic prose" - Law review comment "Historical parallels are eye-opening but sometimes stretched" - Legal blog review

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📚 The book challenges the common view that administrative law emerged naturally, arguing instead that it represents a revival of practices used by medieval English monarchs 🎓 Philip Hamburger is a professor at Columbia Law School and president of the New Civil Liberties Alliance, which he founded to fight against what he views as unconstitutional administrative power ⚖️ The work draws parallels between modern administrative agencies and the historical "prerogative" powers of English kings, which the U.S. Constitution was specifically designed to prevent 📖 At 648 pages, the book extensively traces administrative power from its roots in medieval and early modern England through to contemporary American governance 🏛️ The publication sparked significant debate in legal circles and influenced several Supreme Court opinions, particularly those questioning the "Chevron doctrine" of administrative deference