The Administrative State: Law, Democracy, and Knowledge

Oxford Handbook of the United States Constitution, 2013, Forthcoming

Harvard Public Law Working Paper No. 13-28

26 Pages Posted: 24 Sep 2013 Last revised: 1 Nov 2013

Date Written: 2013

Abstract

This is a chapter for the forthcoming Oxford Handbook of the United States Constitution. I provide and compare three organizing frameworks for the administrative state. The first examines its constitutionality, the second its democratic credentials, the third its epistemic and technocratic capacities. After describing each, I examine their interaction, and suggest that the administrative state is the setting for an endlessly shifting series of alliances between and among constitutionalists, democrats and technocrats.

Suggested Citation

Vermeule, Adrian, The Administrative State: Law, Democracy, and Knowledge (2013). Oxford Handbook of the United States Constitution, 2013, Forthcoming; Harvard Public Law Working Paper No. 13-28. Available at SSRN: https://ssrn.com/abstract=2329818

Adrian Vermeule (Contact Author)

Harvard Law School ( email )

1525 Massachusetts
Griswold 500
Cambridge, MA 02138
United States

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