Against Administrative Law. Reasons, Themes and Implications of a Debate in the United States of America

In the last 15 years, different strands of anti-administrative approaches have emerged, oriented towards disabling the administrative state and pointing to the dangers accompanying the expansion and renewal of administrative law. The supporters of these approaches argue that administrative law is unconstitutional and illiberal. This article aims to reflect on the reasons for the emergence of such legal scholarship, its basic assumptions, ideology and possible impact on traditional administrative law thought. It also asks whether anti-administrative thinking may indirectly help to clarify the normative foundations of administrative law and the multiple functions that it serves in contemporary polities.