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Throwing stones at the mudbank: the impact of scholarship on administrative law

Article Abstract:

Academic research on administrative law influences the decisions of judges more than it does the policies of legislators. This is due to the different roles judges and legislators have in shaping the administrative process, judges being comparatively less responsive to popular demands and more involved in the interpretive process. Moreover, scholarly work is most useful to judges when it can provide focused guidance on new issues in a way that conforms to judicial precedent. Professor Charles Reich's research in helping the US Supreme Court develop a substantive due process model out of existing procedural due process jurisprudence in the 1960s is an illustrative example.

Analysis, Learning, Learning and scholarship, Scholarship (Research)

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1946: framing a lasting congressional response to the administrative state

Article Abstract:

Congress integrated into the 1946 Administrative Procedure Act (APA) its understanding of the separation of powers. Administrative reform programs that existed in 1998 such as the National Performance Review and the Government Performance and Results Act of 1993 sought to emphasize a business or a management perspective into federal administration. Such approaches at reforming the APA ignoring the constitutional placement of power in the federal administration of government can be expected to fail.

United States, Laws, regulations and rules, Separation of powers

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