Law Quote by Philip Hamburger
““It therefore is necessary to consider the possibility that administrative law was an instrument of a class that took a dim view of popularly elected legislatures and a high view of its own rationality and specialized knowledge. This class drew upon popular political power, but primarily to establish another sort of power, which would be exercised by members of its own class, in a manner that reflected the alleged authority that came with their specialized knowledge. Although it did not thereby become the only ruling class, it at least made itself the rulemaking class.””
About This Quote
Source Book: The Administrative State: A Study of the Political Theory of American Public Law, 1978
Administrative law can be seen as a tool used by a specialized elite to shape policy, often sidelining elected bodies while claiming expertise.
In simple terms: Specialists may dominate rulemaking, limiting democratic input.
Recognize and balance expertise with democratic oversight.
Themes
Mood
Type
When to use this quote
- policy drafting
- legislative reform
- public administration
- legal education
Key Concepts
Questions to Reflect On
- How can we ensure expert input respects democratic will?
- What safeguards prevent rulemaking from becoming exclusive?
Specialized knowledge can be biased, reducing broader representation.