Visualizing Change in Administrative Law

Abstract

One of the most significant characteristics of the modern administrative state is almost never talked about — in many respects, the formal structure governing how administrative law works has not changed that much in two decades. Unlike past eras of radical upheaval, the key institutions, statutes, and doctrines that survived and emerged in the 1980s and early ‘90s remain remarkably intact today. Given this repose, it is tempting to think that there also will not be major changes in the future. But is that so? Introducing a new framework for visualizing the interconnected way in which change occurs in administrative law, this article submits that the equilibrium that defines administrative law today is too precarious to be permanent. While the last two decades have been stable, at least three dynamics are poised to change today’s balance: Partisan Escalation, Regulatory Competence, and New Protectionism.

Keywords: Administrative law, Future administrative law, What is the future of administrative law, How will administrative law change in the future