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  • Print publication year: 2020
  • Online publication date: June 2020

8 - The Administrative Law of the Eighth (and Sixth) Amendment

from Part II - The Landscape of Eighth Amendment Doctrine


On the surface, few similarities exist between modern administrative law and the modern constitutional law of sentencing. Administrative law is preoccupied with structural constitutional law, statutory interpretation, and regulatory policy. Constitutional sentencing law —much of which springs from the Eighth Amendment, as well as the Sixth — is overwhelmingly concerned with individual constitutional rights, blame, and punishment. Scholars thus almost never draw connections between the two.