Judicial Control of Administrative Decisions
Bibliographic Data
| ID | 9749643 |
|---|---|
| Authors | J Roland Pennock (Swarthmore College, Swarthmore, Pennsylvania, corresponding author) |
| Year | 1942 |
| Volume | 221 |
| Issue | 1 |
| Pages | 183-191 |
| Publication date | 1942-05-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | The Annals of the American Academy of Political and Social Science (JOURNAL) |
| Journal identifiers | ISSN: 0002-7162 • E-ISSN: 1552-3349 |
| Publisher | SAGE Publications (PUBLISHER • US) |
| DOI | 10.1177/000271624222100124 |
| OpenAlex | W2113957269 |
| Language | EN |
| Citations received | 8 |
T HE foregoing pages have made clear the great extent to which the traditional device of general legislation enforced by prosecution of offenders in the ordinary courts has given way to administrative regulation. The issuance of positive orders requiring or prohibiting specified acts, and the granting or refusal to grant permission to act in this or that fashion, are becoming the characteristic types of governmental activity. Furthermore, when there is dispute between the government and affected individuals regarding the terms of an administrative order, the refusal to grant a license, or the like, this dispute is likely to be adjudicated in the first instance by an administrative tribunal rather than by a regular court. In other cases, even disputes between private individuals which arise out of modern regulatory legislation are submitted to administrative agencies for adjudication. The result of all this is that the precise way in which legislation affects private rights is determined by administrators rather than by courts. That there are good and sufficient reasons for the change has already been pointed out. The fact remains, however, that these administrators are generally hedged about with considerably fewer guarantees of independence than are courts. It is natural, therefore, that persons whose rights and interests are at stake should demand some protection against illegal and arbitrary actions. Accordingly, in this country, most final administrative determinations affecting private rights are subject to some measure of judicial review. This is felt to be in line with the AngloSaxon principle of the rule of law, and, more specifically, it is held by the courts to be required by the doctrine of the separation of powers
Adjudication · Administrative law · Business · Economics · Enforcement · Government (linguistics · Judicial Independence · Judicial review · Law and economics · Legislation · License · Political science · Private rights · Supreme court · Tribunal · Criminal Law and Evidence · European Criminal Justice and Data Protection · Law · Ombudsman and Human Rights
| Unique citing works | 8 |
|---|---|
| Citations per year | 4 |
| Citation span | 2024 - 2024 (1) |
| Citation velocity | recent |
| Highly cited | No |
| Citation types | Neutral: 8 |