The Substantial Evidence Rule and the Administrative Procedure Act

Schwartz, Bernard

Journal: Washington Law Review

Volume: 25

First Page: 135

Year: 1950

Bluebook Citation: 25 WASH. L. REV. 135 (1950)

Author: Bernard Schwartz: all 72 publications


Abstract

The question of the scope of judicial review of administrative determinations has been a pivotal one in American administrative law Since review is generally available over administrative determinations, the extent of review in particular cases may determine whether or not full effect is given to the legislative purpose in creating administrative agencies. "One of the principal reasons for the creation of such [agencies] is to secure the benefit of special knowledge acquired through continuous experience in a difficult and complicated field."' If the review of administrative determinations is to be very broad, with the reviewing court deciding the case de novo upon its own independent judgment, "adminstrative tribunals would be turned into little more than media for transmission of the evidence to the courts. It would destroy the values of adjudication of fact by experts or specialists in the field involved. It would divide the responsibility for administrative adjudications."

Chat with this journal article using AI

Ask CiteLaw's AI Navigator anything about this journal article, verify citations, and research related authorities. Sign up for CiteLaw free today to get started.