An enduring question for democratic government is how much power or administrative discretion should be afforded to unelected bureaucracies. Clayton compares how Supreme Court Justices Breyer and Scalia have addressed the topic of administrative discretion through various administrative law opinions to show how their contrasting methods of legal reasoning and statutory interpretation have enabled and constrained regulatory power. His research identifies themes of Breyer’s and Scalia’s jurisprudence and reveals the extent to which they defer to agency decisions varies and contradicts both Justices’ stated positions on judicial review, legal reasoning, and statutory interpretation to some degree.
An enduring question for democratic government is how much power or administrative discretion should be afforded to unelected bureaucracies. Clayton compares how Supreme Court Justices Breyer and Scalia have addressed the topic of administrative discretion through various administrative law opinions to show how their contrasting methods of legal reasoning and statutory interpretation have enabled and constrained regulatory power. His research identifies themes of Breyer’s and Scalia’s jurisprudence and reveals the extent to which they defer to agency decisions varies and contradicts both Justices’ stated positions on judicial review, legal reasoning, and statutory interpretation to some degree.
This book deals with one of the greatest challenges for the judiciary in the 21st century. It reflects on the judiciary's role in reviewing administrative discretion in the administrative state; a...
This book provides a comparative analysis of the concept and concrete application of the system of indirect review of administrative action. The work explores whether the system of...
The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal...
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