Law Commons^™

Jerry L. Mashaw And The Public Law Curriculum, Peter L. Strauss

Faculty Scholarship

Jerry L. Mashaw’s magisterial account of the first one hundred years of Administrative law sharply distinguishes between internal and external administrative law – between those contributions to the regularity and legality of agency behavior that emerge from its own institutions and practices, and the constraints imposed by external actors – legislative, executive, and judicial. The “systems of internal control and audit” he found common to nineteenth-century governance are subordinated, if not suppressed in today’s thinking about administrative law.

In our world of multiple transsubstantive statutes and ubiquitous judicial review, we tend to think of our administrative constitution as a set …