Law’s Abnegation: From Law’s Empire to the Administrative State

Law’s Abnegation: From Law’s Empire to the Administrative State

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.