Constitutional and administrative law with updating supplement
In one clear resource, Constitutional Law Deskbook – Individual Rights distills vast and ever-evolving constitutional law to its core issues.
This popular reference combines all of the fundamental ideas and elements of the law as it relates to individual rights.
You'll find explanations of: Constitutional Law Deskbook – Individual Rights distills vast and ever-evolving constitutional law to its core issues.
As 2017 draws to a close and administrative law practitioners reflect on the state of administrative law jurisprudence, one thing becomes clear: there are increasing calls, at both the federal and state levels, to do away with doctrine describes the practice of the courts deferring to administrative agencies’ interpretations of ambiguous statutes over which an agency is delegated rulemaking authority. Under , the court must defer to the agency even if the court finds that other interpretations of the statute are reasonable and even if the court believes that the agency’s construction of the silent or ambiguous provision is not the most reasonable among varying interpretations.
837 (1984) in which the Supreme Court ruled that in instances where a law passed by Congress is silent or ambiguous with regard to an issue, the courts must defer to an agency’s interpretation of the law it is in charge of implementing unless that interpretation is unreasonable.
Rather, if the statute is silent or ambiguous with respect to the specific issues, the question for the court is whether the agency’s answer is based on a permissible construction of the statute. And it ordinarily would be inconceivable for judges to do this regularly by announcing ahead of time a rule under which judges should defer to the interpretation of one of the parties in their cases, let alone the most powerful of parties, the government. It therefore is necessary to confront the reality that when judges defer to the executive’s view of the law, they display systematic bias toward one of the parties. Newly appointed Supreme Court Justice Neil Gorsuch also expressed concerns over the effects of . 16-1276, Justice Gorsuch raised the question of whether it is proper to give deference to an otherwise reasonable agency interpretation if that interpretation was not the end product of proper notice and comment rulemaking under the APA.
While such a question may blur the line between the issues of deference afforded to an agency in interpreting its statutory mandate and whether such interpretations were improperly promulgated under the APA, and thus unenforceable because of procedural defects, the extent to which Justice Gorsuch’s questioning results in an exception to review could wreak havoc on the rulemaking process and result in courts being split on issues which would affect the uniform application of regulations.
It should be noted that similar legislation was passed in the House of Representatives in 2016 but did not make it out of the Senate.
deference has also seen attacks at the state level. (Under the Florida Constitution, since 1968, every twenty (20) years the Constitutional Revision Commission is required to convene and examine the Florida Constitution for possible changes.
For example, Florida’s Constitutional Reform Commission has proposed the addition of § 21 to Art. Those proposals are then put forth to the public for a vote in the next upcoming election.).