ADMINISTRATIVE LAW - EXTENDING THE AUTHORITY OF THE JUDICIARY TO REVIEW ADMINISTRATIVE AGENCY DECISIONS

• NCJ Number: 5117
• Journal: Wisconsin Law Review Issue: 2 Dated: (1972) Pages: 613-626
• Author(s): B G CAMERON
• Date Published: 1972
• Length: 14 pages
• Corporate Author: University of Wisconsin-Madison
• Publication Format: Article

Annotation

EXPANSION OF JUDICIAL REVIEW OVER AGENCY ACTIONS COURTS WILL CONSIDER WHETHER AN AGENCY HAS ABUSED ITS DISCRETION IF THERE IS RELEVANT LAW TO APPLY TO THE CASE.

Abstract

A RECENT SUPREME COURT DECISION ALLOWS JUDICIAL REVIEW OF ADMINISTRATIVE AGENCIES IN CASES WHERE THERE EXISTS LAW TO APPLY TO THE CASE OR GUIDELINES AGAINST WHICH THE COURTS CAN MEASURE AN AGENCY'S DECISION. ONLY IN THE RARE INSTANCE WHERE A COURT LACKS ANY JUDICIALLY MANAGABLE STANDARDS MUST IT DECLINE REVIEW. SUPREME COURT AND LOWER COURT APPROACHES PRIOR TO THE NEW RULING ARE OUTLINED. THE IMPACT OF THE EXPANSION OF THE POWER OF JUDICIAL REVIEW IS CONSIDERED WITH REGARD TO THREE TYPES OF STATUTES - MANDATORY STATUTES, MANDATORYPERMISSIVE STATUTES, PERMISSIVE STATUTES.