Book contents
- The Eighth Amendment and Its Future in a New Age of Punishment
- The Eighth Amendment and Its Future in a New Age of Punishment
- Copyright page
- Dedication
- Contents
- Contributors
- Preface
- Introduction
- Part I A History of the Eighth Amendment
- Part II The Landscape of Eighth Amendment Doctrine
- 4 Eighth Amendment Values
- 5 The Power, Problems, and Potential of “Evolving Standards of Decency”
- 6 Judicial Hesitancy and Majoritarianism
- 7 Punishment Purposes and Eighth Amendment Disproportionality
- 8 The Administrative Law of the Eighth (and Sixth) Amendment
- 9 Evading the Eighth Amendment
- 10 Excessive Deference — The Eighth Amendment Bail Clause
- 11 Nor Excessive Fines Imposed
- Part III The Future of the Eighth Amendment
- Index
8 - The Administrative Law of the Eighth (and Sixth) Amendment
from Part II - The Landscape of Eighth Amendment Doctrine
Published online by Cambridge University Press: 03 June 2020
- The Eighth Amendment and Its Future in a New Age of Punishment
- The Eighth Amendment and Its Future in a New Age of Punishment
- Copyright page
- Dedication
- Contents
- Contributors
- Preface
- Introduction
- Part I A History of the Eighth Amendment
- Part II The Landscape of Eighth Amendment Doctrine
- 4 Eighth Amendment Values
- 5 The Power, Problems, and Potential of “Evolving Standards of Decency”
- 6 Judicial Hesitancy and Majoritarianism
- 7 Punishment Purposes and Eighth Amendment Disproportionality
- 8 The Administrative Law of the Eighth (and Sixth) Amendment
- 9 Evading the Eighth Amendment
- 10 Excessive Deference — The Eighth Amendment Bail Clause
- 11 Nor Excessive Fines Imposed
- Part III The Future of the Eighth Amendment
- Index
Summary
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.
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- Information
- The Eighth Amendment and Its Future in a New Age of Punishment , pp. 118 - 132Publisher: Cambridge University PressPrint publication year: 2020