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Judicial review of agency interpretation of statutes: deference doctrines in comparative perspective.
- Article from:
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Policy Studies Journal
- Article date:
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August 1, 2003
- Author:
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Copyright informationCOPYRIGHT 2003 Policy Studies Organization. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Whether we attain democracy will consequently depend upon
administrative law: upon the legal forces which pull--or fail to
pull--government decision-making towards democratic
decision-making.
I. Introduction
Judicial review of administrative action is one of the cornerstones of modern administrative law. Accompanying the rise of the modern administrative state has been the judicial development of principles that set the outer limits of administrative action and ensure that the bureaucracy acts in the public interest. One such principle is that when the legislature confers decision-making authority onto an administrative agency, courts ought to defer to an ...
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