Some Thoughts on Judicial Review and Collaborative Governance

Herz, Michael

Journal: Journal of Dispute Resolution

Volume: 2009

Year: 2009

Bluebook Citation: 2009 J. DISP. RESOL. (2009)

Author: Michael E. Herz: all 26 publications


Abstract

A, perhaps the, central and never-to-be-resolved debate in American administrative law concerns this: to what extent should agencies be left to their own devices? Were the answer "completely," then there would be no such thing as administrative law. There would be administrative lore, and administrative practice, and administrative culture, and administrative functions. But administrative law consists of the doctrines, statutes, and regulations that limit agency discretion and subject agencies to various forms of oversight.

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