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Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn
Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn
Publications
Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …
Delanoy V. Public Service Commission Appeal Board, R. A. Macdonald
Delanoy V. Public Service Commission Appeal Board, R. A. Macdonald
Dalhousie Law Journal
Rarely does an Administrative Law decision raise the issue of the proper relationship between boards and courts as starkly as the recent Federal Court of Appeal judgment in Delanoy v. Public Service Commission Appeal Board.1 Generally, judicial review tends to focus upon the limits of natural justice (i.e. procedural questions) rather than the problems of formal (non-procedural) jurisdiction and therefore permits courts to assert legalistic values under the guise of "due process". However, almost as if impelled by the favourable comments that their incursions into this field have drawn from academics, the courts have manifested in recent years an almost …