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Neoclassical Administrative Law, Jeffrey Pojanowski
Neoclassical Administrative Law, Jeffrey Pojanowski
Journal Articles
This Article introduces an approach to administrative law that reconciles a more formalist, classical understanding of law and its supremacy with the contemporary administrative state. Courts adopting this approach, which I call “neoclassical administrative law,” are skeptical of judicial deference on questions of law, tend to give more leeway to agencies on questions of policy, and attend more closely to statutes governing administrative procedure than contemporary doctrine does. As a result, neoclassical administrative law finds a place for both legislative supremacy and the rule of law within the administrative state, without subordinating either of those central values to the other. …
The History Of The Judicial Review Of Administrative Power And The Future Of Regulatory Governance, John J. Coughlin
The History Of The Judicial Review Of Administrative Power And The Future Of Regulatory Governance, John J. Coughlin
Journal Articles
Traditionally, judicial review has afforded an important check on the exercise of administrative power. First, judicial review functions to protect the legislative intent behind the statutory authorization of the exercise of administrative power. Pursuant to the conventional model, an administrative agency exercises restricted legislative and judicial functions under judicial scrutiny to insure compliance with congressional intent. Judicial review insures that "a congressional delegation of power . . . must be accompanied by discernible standards, so that the delegatee's action can be measured for its fidelity to the legislative will." Additionally, the opportunity for judicial review of administrative action corrects and …