Is administrative law unlawful is a work of the very highest quality a learned scholarly exegesis setting out the intellectual foundations in medieval and early modern english constitutional thought for the proposition that the contemporary american administrative state is profoundly unconstitutional and unlawful. His conclusion is that administrative law is unlawful root and branch because it is unlawful for administrative agencies to issue any rule or order that binds private parties this is more than provocative it is radical. When law in america can be made by executive pen and phone alone indeed by a white house press release were faced starkly with a fundamental constitutional question is . Philip hamburgers book is administrative law unlawful will remind readers that much of modern bureaucracy violates the careful separation of powers that the framers wrote into the constitution hamburger detailed in his 2014 tome how administrative law if you can call it that returns modern government to the historical exercise of prerogative. Nevertheless is administrative law unlawful is an important scholarly look at the legal historical and intellectual foundations or lack thereof of administrative law hamburger provides ample background and reflection on important legal and social issues while wading into english and american legal history as well as german scholarship
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