[Lecture] Global & Comparative Law | Rules, Commands and Principles in the Administrative State
Oct. 10, 2021
Speaker:
Adrian Vermeule (Ralph S. Tyler, Jr. Tenured Professor of Constitutional Law in Harvard Law School, Fellow of the American Academy of Arts and Sciences, Member of the Council of the United States Administrative Law Conference)
Time: October 6, 2021 (Wednesday) 19:30-21:30
Venue: Leo KoGuan Building (of Law School) 307 conference room / Tencent Meeting (Online)
For students joining online, the conference ID is 885 321 358.
Organizers:
Peking University Law School
Host: Chen Ruoying (Associate Professor at Peking University Law School)
Reviewer:
Zhang Yongle (Tenure Track Associate Professor at Peking University Law School)
Dai Xin (Tenure Track Associate Professor at Peking University Law School)
Peng Chun (Assistant Professor at Peking University Law School)
Abstract:
A central clue that runs through the entire administrative state theory is the impact of steeply increasing economic and social complexity on legal tools. The prospect that Pound liked yet was feared by Schmidt was that an administrative state would gradually abandon the rules of universal applicability and use more administrative supervision orders that are discussed on a case-by-case basis. Dworkin predicted that the complexity faced by modern states would make it more dependent on relatively abstract legal principles rather than legal rules or commands. The practice of administrative states in modern times verified this prediction of Dworkin, especially the judicial review of the behavior of independent regulatory agencies. Laws in this field have gradually turned to build the cornerstone of the legitimacy of supervisory agencies through the general prisnciples of rationality and procedural legitimacy.
Written by: Wu Xiaoxi
Edited by: Estella Zhang Qiming
Source: Peking University Law Global Program WeChat Account (Chinese)
