FIGHTING POWER WITH POWER: THE ADMINISTRATIVE STATE AS A WEAPON AGAINST CONCENTRATED PRIVATE POWER

Abstract Contemporary critics of the administrative state are right to highlight dangers vesting too much power in a centralized bureaucracy removed from popular oversight and accountability. Too often neglected this literature, however, little state, which enables dominant groups further expand their social economic advantages through decentralized means. This article seeks synthesize these concerns, understanding them as reflecting same underlying danger capture. It then articulates set heuristics for design public institutions, aim at minimizing risks capture both private sources. By following heuristics, it claims, we can successfully employ weapon against concentrated power, rather than allowing serve tool groups.