Reconstructing the Administrative State in an Era of Economic and Democratic Crisis

42 Pages Posted: 30 Apr 2018

Date Written: April 11, 2018

Abstract

This Review engages Jon Michaels’s important new work, Constitutional Coup, situating it in context of wider battles over social and economic inequality and the crisis of democracy. The defense of the administrative state, this Review argues, is not just about assuring checks and balances; it is about preserving democracy — the idea that, through political institutions, we the people expand our capabilities and capacities to remake social and economic systems that are otherwise beyond the scope of individuals, associations, or ordinary common law. It is also about democracy in its substantive connotation: through the administrative state, we make possible the realization of substantive democratic values of equality and inclusion.

Keywords: Administrative law, democracy, inequality, regulation, privatization, participation, governance, exclusion

Suggested Citation

Rahman, K. Sabeel, Reconstructing the Administrative State in an Era of Economic and Democratic Crisis (April 11, 2018). Harvard Law Review, Vol. 131, p. 1671, 2018. Available at SSRN: https://ssrn.com/abstract=3160966

K. Sabeel Rahman (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

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