Deconstruction (Not Destruction)
150(3) Daedalus, the Journal of the American Academy of Arts & Sciences 143-154 (Spring 2021)
12 Pages Posted: 16 Jun 2021
Date Written: June 15, 2021
The administrative state should be deconstructed. But that does not mean that the administrative state should be destructed. Although some may use the word deconstruction in the colloquial sense of destroyed, its more technical definition is also more fitting: a close examination of a theory to reveal its inadequacies. That definition is a better fit because there is no real prospect that modern government will be radically overhauled, but there is very good reason to reexamine the administrative state’s theoretical underpinnings and reform aspects of it that have not withstood the test of the time. This essay identifies where theory and practice diverge and offers solutions with realistic chances of adoption. The result should not be the destruction of the administrative state but rather the development of higher-quality federal policy.
Keywords: administrative law, administrative state, deconstruction
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