Optimal abuse of power

  title={Optimal abuse of power},
  author={Adrian Vermeule},
  journal={Case Western Reserve law review},
  • Adrian Vermeule
  • Published 2014
  • Political Science, Economics
  • Case Western Reserve law review
I will argue that in the administrative state, in contrast to classical constitutional theory, the abuse of government power is not something to be strictly minimized, but rather optimized. An administrative regime will tolerate a predictable level of misrule, even abuse of power, as the inevitable byproduct of attaining other ends that are desirable overall. There are three principal grounds for this claim. First, the architects of the modern administrative state were not only worried about… Expand
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