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Heightened Scrutiny of the Fourth Branch: Separation of Powers and The Requirement of Adequate Reasons for Agency Decisions

Shapiro, Sidney A.

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abstract
Judicial review of administrative action is an inexact science. Professors Shapiro and Levy argue that this is partially because review of administrative actions is an unexplained science. In this article, they examine how the evolution of judicial review of agencies has reflected changing political values in American government. They argue that courts now require agencies to provide adequate reasons for their actions, and, by tracing the development of that requirement, they demonstrate that the courts have not fully explained the significance of or doctrinal basis for this model of review. The article concludes that the adequate reasons requirement is best understood, and applied, as a derivation of the separation of powers doctrine.
subject
Research Subject Categories::LAW/JURISPRUDENCE
Administrative Law
citation
1987 (volume)
contributor
Shapiro, Sidney A. (author)
Levy, Richard E. (author)
date
2016-03-18T14:39:32Z (accessioned)
2016-03-18T14:39:32Z (available)
1987 (issued)
identifier
1987 DUKE L.J. 387 (citation)
http://hdl.handle.net/10339/58098 (uri)
language
en_US (iso)
source
Duke Law Journal
title
Heightened Scrutiny of the Fourth Branch: Separation of Powers and The Requirement of Adequate Reasons for Agency Decisions
type
Article

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