Abstract and Keywords
This chapter examines the administrative state in relation to modern constitutional theory. To explain the administrative state, it draws on three frameworks that are grounded in constitutional law, democratic theory, and institutional epistemology, respectively. The first framework involves the constitutionality of the administrative state, the second its democratic credentials, and the third its epistemic capacity. The chapter describes each framework before turning to a discussion of how each affects the others. It suggests that constitutionalists, democratic theorists, and epistemic technocrats engage in a never-ending shifting series of alliances. More specifically, each of these camps tends to see the claims of the other camps as side constraints to be complied with at the lowest possible cost, while seeing their own concerns as goals to be pursued to the maximum possible extent. In other words, there will always be competition among law, democracy, and knowledge in trying to control the administrative state.
Access to the complete content on Oxford Handbooks Online requires a subscription or purchase. Public users are able to search the site and view the abstracts and keywords for each book and chapter without a subscription.
If you have purchased a print title that contains an access token, please see the token for information about how to register your code.