Description

Book Synopsis
Presents a fundamental reconsideration of modern American administrative law, which, says Edley, is largely a failure. He discusses why and how this is so and argues that courts should abandon their guiding principle of applying legal doctrines to control the discretion of unelected bureaucrats.

Table of Contents
Part 1 The structure of administrative law: introduction - the discretion problem and the continuing importance of separation of powers theory; an expository essay - the trichotomy of politics, science and adjudicatory fairness; the trichotomy's conceptual failings; scope of judicial review. Part 2 Reconstructing administrative law: unsuccessful remedies for the futility of administrative law; a constructive essay - "harder-look" review; a speculative essay - from trichotomy to trio - and sound governance review.

Administrative Law

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    A Paperback by Christopher Edley

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      Publisher: Yale University Press
      Publication Date: Publication Date: 7/29/1992 12:00:00 AM
      ISBN13: 9780300052534, 978-0300052534
      ISBN10: 0300052537
      Also in:
      Law Constitutional and administrative law: general

      Description

      Book Synopsis
      Presents a fundamental reconsideration of modern American administrative law, which, says Edley, is largely a failure. He discusses why and how this is so and argues that courts should abandon their guiding principle of applying legal doctrines to control the discretion of unelected bureaucrats.

      Table of Contents
      Part 1 The structure of administrative law: introduction - the discretion problem and the continuing importance of separation of powers theory; an expository essay - the trichotomy of politics, science and adjudicatory fairness; the trichotomy's conceptual failings; scope of judicial review. Part 2 Reconstructing administrative law: unsuccessful remedies for the futility of administrative law; a constructive essay - "harder-look" review; a speculative essay - from trichotomy to trio - and sound governance review.

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