Book chapter
Judicial Deference to the Administration in the United States
Deference to the Administration in Judicial Review, pp.417-445
Ius Comparatum - Global Studies in Comparative Law, Springer International Publishing
11/24/2019
DOI: 10.1007/978-3-030-31539-9_19
Abstract
This report on the U.S. law governing judicial deference to decisions by administrative officials argues that there may be a number of reasons why courts may determine as a matter of fact that aspects concerning the making of an administrative decision—including the administrator’s expertise and experience in technical or scientific matters, the administration’s consistency in similar matters, or the care with which the administration justifies its action—warrant some degree of deference to the administrative decision. But the most widely applicable and important type of judicial deference in U.S. law is required as a matter of law in order to preserve the meaningfulness of the zone of discretion which the legislature is normally understood to have delegated to administrative agencies when they are given adjudicative or rulemaking power. These doctrines of de jure judicial deference, the most celebrated of which is Chevron deference, are part of the American system of rather broad diffusion of powers of governance, a pattern that includes but is not limited to the American versions of separation of powers and federalism. Substantial judicial deference to administrative agencies is thus of particular importance to U.S. law because it is part of the system of divided powers that we have in the United States, which is in turn part of the broader pattern of a strongly market-centered (that is, not state-centered) political economy.
Details
- Title: Subtitle
- Judicial Deference to the Administration in the United States
- Creators
- John C. Reitz - University of Iowa College of Law.
- Resource Type
- Book chapter
- Publication Details
- Deference to the Administration in Judicial Review, pp.417-445
- Publisher
- Springer International Publishing; Cham
- Series
- Ius Comparatum - Global Studies in Comparative Law
- DOI
- 10.1007/978-3-030-31539-9_19
- eISSN
- 2214-689X
- ISSN
- 2214-6881
- Language
- English
- Date published
- 11/24/2019
- Academic Unit
- International Programs; Law Faculty
- Record Identifier
- 9984398662702771
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