04220nam a22005775i 4500 000682607 DE-B1597 20210219112914.0 m|||||o||d|||||||| cr || |||||||| 201125t20202020mau fo d z eng d NEZPRACOVANÝ IMPORT 9780674249837 10.4159/9780674249837 doi (DE-B1597)572459 eng mau US-MA KF5407 LAW001000 bisacsh 342.73/066 23 Sunstein, Cass R. aut Law and Leviathan / Cass R. Sunstein, Adrian Vermeule. Cambridge, MA : Harvard University Press, [2020] ©2020 1 online resource (208 p.) text txt rdacontent computer c rdamedia online resource cr rdacarrier text file PDF rda Frontmatter -- Contents -- Introduction: “Long-Continued and Hard-Fought Contentions” -- 1 The New Coke -- 2 Law’s Morality, 1. Rules and Discretion -- 3 Law’s Morality, 2. Consistency and Reliance -- 4 Law’s Morality, 3. Limits, Trade-offs, and the Judicial Role -- 5 Surrogate Safeguards in Action -- Final Words -- Notes -- Acknowledgments -- Index restricted access http://purl.org/coar/access_right/c_16ec online access with authorization star From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.”Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions.Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other.These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall. Mode of access: Internet via World Wide Web. In English. Description based on online resource; title from PDF title page (publisher's Web site, viewed 25. Nov 2020) Administrative agencies United States. Administrative discretion United States. Government accountability United States. LAW / Administrative Law & Regulatory Practice. bisacsh Vermeule, Adrian aut Title is part of eBook package: De Gruyter HUP eBook-Package Pilot Project 2020 9783110690057 https://zdroje.vse.cz/login?url=https://doi.org/10.4159/9780674249837 Plný text https://zdroje.vse.cz/login?url=https://www.degruyter.com/isbn/9780674249837 Plný text https://knihovna.vse.cz/zdroje/e-knihy-de-gruyter/?info Informace o práci s e-knihami DG-OWNED EB NEPOSILAT EB 978-3-11-069005-7 HUP eBook-Package Pilot Project 2020 2020 GBV-deGruyter-alles