Description
Book SynopsisPresents 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 ContentsPart 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.
