Deconstruction (Not Destruction)

150(3) Daedalus, the Journal of the American Academy of Arts & Sciences 143-154 (Spring 2021)

BYU Law Research Paper No. 21-18

12 Pages Posted: 16 Jun 2021

See all articles by Aaron L. Nielson

Aaron L. Nielson

Brigham Young University - J. Reuben Clark Law School

Date Written: June 15, 2021

Abstract

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

Suggested Citation

Nielson, Aaron, Deconstruction (Not Destruction) (June 15, 2021). 150(3) Daedalus, the Journal of the American Academy of Arts & Sciences 143-154 (Spring 2021), BYU Law Research Paper No. 21-18, Available at SSRN: https://ssrn.com/abstract=3867657

Aaron Nielson (Contact Author)

Brigham Young University - J. Reuben Clark Law School ( email )

430 JRCB
Brigham Young University
Provo, UT 84602
United States

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