State Administrative Constitutionalism

28 Pages Posted: 6 Oct 2016

See all articles by Katherine Shaw

Katherine Shaw

University of Pennsylvania - Carey Law School; Yeshiva University - Benjamin N. Cardozo School of Law

Date Written: August 1, 2016

Abstract

“Administrative constitutionalism” has been the subject of much rich scholarship in recent years. Although the term is employed in a range of distinct (though related) ways, this essay is primarily concerned with administrative constitutionalism in its most literal sense: that is, administrative agencies' interactions with the constitution — and here I mean both state and federal constitutions — when they engage in the work of ordinary law implementation, interpretation, and rulemaking.

While the existing “administrative constitutionalism” literature focuses almost exclusively on federal agencies, this piece asks what we can learn from examining state agencies’ interactions with constitutional norms and principles. That is, how do state administrative actors conceive of the role and function of constitutional principles within the work they do, and what can we learn from the output of state administrative processes about the creation of constitutional meaning outside the courts?

Keywords: Administrative law, state administrative law, state constitutional law, state agencies, campaign finance

Suggested Citation

Shaw, Katherine, State Administrative Constitutionalism (August 1, 2016). 69 ARK. L. REV. 527 (2016), Cardozo Legal Studies Research Paper No. 494, Available at SSRN: https://ssrn.com/abstract=2848324

Katherine Shaw (Contact Author)

University of Pennsylvania - Carey Law School ( email )

3501 Sansom Street
Philadelphia, PA 19104
United States

Yeshiva University - Benjamin N. Cardozo School of Law ( email )

55 Fifth Ave.
New York, NY 10003
United States

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