Administrative law and bureaucratic reality

Article Abstract:

Judicial review of administrative acts has forced agencies to endure undue delay and uncertainty. Since judges receive infrequent exposure to the mechanics of policymaking in large bureaucracies, they would do well to defer to administrative decisions. Law schools need to include public administration in their administrative law courses in order to give future lawyers an idea of the workings of government bureaucracies on a day-to-day basis. Judges and lawyers with this understanding will have less of a penchant for second-guessing agencies or insisting on rigid procedures.

Management, Administrative agencies, Government agencies, Public administration

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The Supreme Court's role in not shaping administrative law

Article Abstract:

The Supreme Court's 1984 ruling in Chevron, USA v Natural Resources Defense Council continues to play a central role in judicial review of administrative acts. This ruling stated that the Supreme Court will defer to an administrative agency's reading of its governing law when that law seems ambiguous and the agency's interpretation is reasonable. This translates into a Supreme Court refusal to perform its traditional task of interpreting federal law. When agencies are called upon to interpret an ambiguous law, they are encouraged to respond to political factors.

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'Administrative law is not for sissies': Justice Antonin Scalia's challenge to American administrative law

Article Abstract:

Justice Antonin Scalia envisions an administrative law structured by a strict separation of powers in which the executive branch wields most of the power over the administrative sector. He would defer to agency judgment in matters of fact and policy, only permitting the courts to intervene when an agency has abused its discretion. He would shield executive power over administrative agency operations from any interference by Congress. He also posit limits on public license to challenge administrative decisions in the courts.

Beliefs, opinions and attitudes, Scalia, Antonin

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