Adrian Vermeule (Harvard Law School) has posted The Administrative State: Law, Democracy, and Knowledge (Oxford Handbook of the United States Constitution, 2013, Forthcoming) on SSRN. Here is the abstract:
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This is a chapter for the forthcoming Oxford Handbook of the United States Constitution. I provide and compare three organizing frameworks for the administrative state. The first examines its constitutionality, the second its democratic credentials, the third its epistemic and technocratic capacities. After describing each, I examine their interaction, and suggest that the administrative state is the setting for an endlessly shifting series of alliances between and among constitutionalists, democrats and technocrats.
