What is and Should Be the Role of Administrative Agencies in Developing Constitutional Rules and Norms?

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I have a new article posted for download. The article addresses the boooming literature on “administrative constitutionalism,” i.e., the role of administrative agencies in influencing, creating, and establishing constitutional rules and norms, and
governing based on those rules and norms.

Here is an execerpt:

Progressives such as Metzger, Ross, and Bagenstos seem drawn to broad versions of administrative constitutionalism to evade what some would argue is the inherent conservatism of the American constitutional system. Yet history does not support the assumption that administrative constitutionalism inherently promotes progressive values. This article has already discussed several examples where administrative flexibility in applying

Read more    Source: reason.com

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