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Law’s Abnegation
  • Language: en
  • Pages: 208

Law’s Abnegation

  • Categories: Law

Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.

Judging Under Uncertainty
  • Language: en
  • Pages: 333

Judging Under Uncertainty

  • Categories: Law

In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty. In view of their limited information and competence, judges should adopt a restrictive, unambitious set of tools for interpreting statutory and constitutional provisions.

The Constitution of Risk
  • Language: en
  • Pages: 210

The Constitution of Risk

  • Categories: Law

The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse.

The System of the Constitution
  • Language: en
  • Pages: 220

The System of the Constitution

  • Categories: Law

Adrian Vermeule analyses constitutionalism through the lens of systems theory, originally developed in biology, computer science, political science and other disciplines.

The Executive Unbound
  • Language: en
  • Pages: 256

The Executive Unbound

  • Categories: Law

Ever since Arthur M. Schlesinger Jr. used "imperial presidency" as a book title, the term has become central to the debate about the balance of power in the U.S. government. Since the presidency of George W. Bush, when advocates of executive power such as Dick Cheney gained ascendancy, the argument has blazed hotter than ever. Many argue the Constitution itself is in grave danger. What is to be done? The answer, according to legal scholars Eric Posner and Adrian Vermeule, is nothing. In The Executive Unbound, they provide a bracing challenge to conventional wisdom, arguing that a strong presidency is inevitable in the modern world. Most scholars, they note, object to today's level of executi...

Mechanisms of Democracy
  • Language: en
  • Pages: 272

Mechanisms of Democracy

What institutional arrangements should a well-functioning constitutional democracy have? Most of the relevant literatures in law, political science, political theory, and economics address this question by discussing institutional design writ large. In this book, Adrian Vermeule moves beyond these debates, changing the focus to institutional design writ small. In established constitutional polities, Vermeule argues that law can and should - and to some extent already does - provide mechanisms of democracy: a repertoire of small-scale institutional devices and innovations that can have surprisingly large effects, promoting democratic values of impartial, accountable and deliberative governmen...

Law and the Limits of Reason
  • Language: en
  • Pages: 211

Law and the Limits of Reason

  • Categories: Law

Vermeule denies the view that the limits of reason counsel in favour of judges making 'living' constitutional law in the style of the common law. Instead, he proposes and defends a 'codified constitution' - a regime in which legislatures have the primary authority to develop constitutional law over time.

Law and the Limits of Reason
  • Language: en
  • Pages: 211

Law and the Limits of Reason

  • Categories: Law

Vermeule denies the view that the limits of reason counsel in favour of judges making 'living' constitutional law in the style of the common law. Instead, he proposes and defends a 'codified constitution' - a regime in which legislatures have the primary authority to develop constitutional law over time.

Is Administrative Law Unlawful?
  • Language: en
  • Pages: 648

Is Administrative Law Unlawful?

  • Categories: Law

Is administrative law unlawful? This provocative question has become all the more significant with the expansion of the modern administrative state. While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitate...

Terror in the Balance
  • Language: en
  • Pages: 328

Terror in the Balance

  • Categories: Law

In Terror in the Balance, Posner and Vermeule take on civil libertarians of both the left and the right, arguing that the government should be given wide latitude to adjust policy and liberties in the times of emergency. They emphasize the virtues of unilateral executive actions and argue for making extensive powers available to the executive as warranted. The judiciary should neither second-guess security policy nor interfere on constitutional grounds. In order to protect citizens, government can and should use any legal instrument that is warranted under ordinary cost-benefit analysis. The value gained from the increase in security will exceed the losses from the decrease in liberty. At a time when the 'struggle against violent extremism' dominates the United States' agenda, this important and controversial work will spark discussion in the classroom and intellectual press alike.