The Magna Carta, Due Process, and Administrative Power

Philip Hamburger, Walter Berns Constitution Day Lecture, American Enterprise Institute, September 17, 2015.


Is the Magna Carta still relevant? By the 17th century, Oliver Cromwell was already allegedly declaring, “Magna Carta, Magna Farta.” Numerous legal commentators today remain nearly as skeptical of its significance. Although no constitutional document is inherently timeless, Magna Carta stands as a reminder that some constitutional dangers do endure.

Please join us for the fourth annual Walter Berns Constitution Day Lecture as Philip Hamburger, the Maurice and Hilda Friedman Professor of Law at Columbia Law School, considers recurring threats to the due process of law from extralegal power — what once was called prerogative power and today is called administrative power.