As Epstein made clear, Hayek was a passionate defender of the rule of law. Hayek understood that for a constitutional system to succeed in protecting those whom it governs, there must be both fair and neutral judges and laws that are coherent and understandable by normal citizens–not just lawyers and accountants. The movement away from these principles is where Hayek’s relevance is most-clearly seen today.
While most people are familiar with the congressional gridlock that has gripped America since the 2010 midterm elections, this gridlock has not extended to executive agencies. The gradual, but accelerating, growth in executive agencies’ powers has led to wide-ranging authority for the so-called “administrative state.”