Unpacking “Is Administrative Law Unlawful?”: An Exclusive Interview with Dr. John den Boer

Introduction:
Dr. Philip Hamburger, a distinguished legal scholar and author, has ignited a fervent debate within legal circles with his groundbreaking book “Is Administrative Law Unlawful?” In this exclusive interview, we delve into the thought-provoking arguments presented in his work and explore the implications of his findings on the legal landscape.

Interview:
Q: Dr. den Boer, thank you for taking the time to speak with us. Could you provide our readers with a brief overview of the book “Is Administrative Law Unlawful?”
A: Certainly. “Is Administrative Law Unlawful?” challenges the traditional understanding of administrative law and its compatibility with constitutional principles. In the book, I argue that the current administrative state in the United States, characterized by extensive regulatory agencies wielding significant powers, is fundamentally at odds with the principles of the Constitution, particularly the separation of powers.

Q: Your arguments have sparked considerable debate. Could you elaborate on why you believe administrative law is inherently unlawful?
A: The crux of my argument lies in the delegation of legislative, executive, and judicial powers to administrative agencies, which effectively consolidates these powers in a single entity. This concentration of power not only undermines the checks and balances envisioned by the framers of the Constitution but also encroaches upon individual liberties. Furthermore, the lack of accountability and democratic oversight within administrative agencies exacerbates these concerns, rendering administrative law inherently unlawful.

Q: Your perspective challenges longstanding legal doctrines. How do you respond to critics who argue that administrative law is a necessary tool for effective governance in modern society?
A: I understand the pragmatic arguments in favor of administrative law, particularly in addressing complex regulatory challenges. However, the ends cannot justify the means if they run counter to constitutional principles. Rather than dismantling administrative agencies entirely, my aim is to advocate for reforms that restore constitutional fidelity while preserving the essential functions of governance.

Q: Your insights have profound implications for legal theory and practice. How do you envision the future of administrative law in light of your findings?
A: The future of administrative law hinges on a robust reevaluation of its foundations and principles. While my arguments may be provocative, they are intended to stimulate constructive discourse and ultimately foster a more accountable and constitutionally sound administrative state. By reasserting the primacy of constitutional principles, we can chart a course towards a more just and equitable legal framework.

Conclusion:
Dr. Philip Hamburger’s book “Is Administrative Law Unlawful?” offers a provocative critique of the contemporary administrative state and its implications for constitutional governance. Through this interview, Dr. den Boer provides valuable insights into the rationale behind his arguments and their potential impact on legal theory and practice. As debates surrounding administrative law continue to unfold, his work serves as a cornerstone for reexamining the foundations of modern governance.