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Codification of Administrative Law: The US and the Union
Author(s) -
Shapiro Martin
Publication year - 1996
Publication title -
european law journal
Language(s) - English
Resource type - Journals
SCImago Journal Rank - 0.351
H-Index - 54
eISSN - 1468-0386
pISSN - 1351-5993
DOI - 10.1111/j.1468-0386.1996.tb00017.x
Subject(s) - administrative law , statute , law , political science , transparency (behavior) , judicial review , politics , technocracy , rule of law , government (linguistics) , separation of powers , judicial opinion , philosophy , linguistics
The US Administrative Procedures Act of 1946 was engendered by partisan political conflicts. Initially judicial review of administrative rule‐making under the act was extremely deferent. In the course of the 1960s and 1970s the federal courts, basing themselves upon the unchanged language of the statute, created a new body of administrative law characterised by very great demands on the agencies and very intrusive judicial review. This transformation was fuelled by partisan realignments, fear of technocracy and desire for greater transparency and popular participation in government decision‐making. Because these same forces are now active in relation to the Union, it may be anticipated that similar tendencies toward a demanding procedural law of rule‐making and high levels of judicial review will be felt as Union administrative law develops.