Law and Leviathan

Winner of the Scribes Book Award“As brilliantly imaginative as it is urgently timely.”-Richard H. Fallon, Jr., Harvard Law School“At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.”-Frederick Schauer, author of The ProofA highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.”Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They shoul