The Reformation of American Administrative Law

The Reformation of American Administrative law

 

Richard B. Stewart

The traditional model of American Administrative law has been centrally concerned with restricting administrative actions to those authorized by legislative directives. Professor Stewart traces the development and disintegration of the traditional model, which has proven unsuccessful in its effort to reconcile the discretionary power enjoyed by agencies with the basic premise of the liberal state that the only legitimate intrusions into private liberty and property interests are those consented to through legislative processes. He presents a critical analysis of several responses to the contemporary critique that agencies exercise their discretion in favor of organized and regulated interests, including the efforts by federal judges to transform the elements of the traditional model to ensure more adequate representation for all interests affected by agency decisions. The emerging interest representation model of administrative law, he concludes, ultimately fails as a general structure for legitimating agency action.

Conclusion

Notes

See Also

References and Further Reading

About the Author/s and Reviewer/s

Author: international

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Administrative law, Ranking of the top 100 legal most-cited articles of all time.


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