The Research Of Judicial Review Of Administrative Rule In America

The research in judicial review of administrative rules aim to solve the main problem that the court how to review the rules These administrative rules which promulgated by the administrative authority have universal validity. The scope of judicial review is the core problem in the balance between the rights of interests group and administrative efficiency. The court must be in accordance with certain criteria to review the administrative rules to achieve the balance.The court review standards are reflected the strength of judicial review in the administrative rules. Therefore, the paper research mainly addresses the scope of judicial review of administrative rules. Paper is divided into six parts:The first part includes the first chapter, which mainly studies the judicial review system of administrative rules in the United States, including theory and realistic foundation of the judicial review, the historical development of judicial review of administrative rules, the function of the judicial review and the relationship between the judicial review system and other supervision system. The goal is to uncover the judicial review in administrative regulations, which is the most important part of administrative regulations. The main driving force about supervision system comes from congress, the courts and legal scholars. The key point of the development of judicial review in the administrative regulations is the establishment and perfection of judicial review standards. The features and advantages of judicial review are various examination standards to establish the general principles of the court review about administrative rules.At the same time, research reveals the two important foundations of judicial review of the administrative rules:one is the administrative rules has become the dominant policy tools; Second, the judicial review is widely considered to be the last line of to monitor the administrative power and the interested group.The second part includes the second chapter. The main research of judicial review is to the rules accepting judicial review and the judicial system, mainly including standing, the right time for lawsuit. Only meet these principles can start the judicial review of administrative rules. Standing for Judicial Review generally requires three conditions, namely injury in fact, and the redressibility, and cause and effect. The appropriate time to challenge the administrative rules needs exhaustion which is principle requiring the plaintiffs to use all administrative relief, the principle of ripeness and the court has primary jurisdiction. According to The principle of the presumption of reviewability, in theory all of the administrative rules and regulations are able to reviewed, unless there is exception clause. Administrative rules and regulations excluding judicial review are three kinds, namely the statutes exclusion for judicial review, the behavior of administrative discretion, matters inappropriate for judicial review.The third part mainly studies way of judicial review of administrative rules. According to the starting time, the way of judicial review can be divided into pre-enforcement review which before carrying out rule and enforcement review which in the implementation stage of rule. The pre-enforcement review can only be carried out on the direct judicial review of administrative rules. After the administrative rules and regulations in the process of implementation, administrative rules and regulations shall be declared void under the incidental review and direct review.The forth part includes the forth chapter, which is core part of the paper. This part mainly studies the scope of judicial review of the administrative rules. The key factors of judicial review are review standards and content. Distinguishing between legal and fact problems is the basis to determine the scope of judicial review of the administrative rule. Review standards defined the range of judicial review. Judicial review of the fact in administrative regulations composes four main criteria, respectively substantial evidence, arbitrary and capricious standard, hard look doctrine and de novo review. Each of the different standards applies different conditions and the strength of the facts. But these different standards mean the scope of judicial review usually only reviewing rationality, not the correctness. Reviewing of administrative regulations, the court in the United States can scan all the legal issues. But the court through Chevron’s two steps, establishes the respect for the administrative interpretation. Principle of due process in the United States has been explicitly stipulated in the administrative procedure law. As a result, the judge decides on the main basis on the statutory code. Judicial review standard of procedure is still due process principle which focused on informal rulemaking and hybrid rulemaking and negotiated rulemaking. In informal procedures, courts follow the principle of substantive issues not to review, but requires administrative authorities strictly abide by the requirements of due process. And hybrid rulemaking went further, the court ordered the administrative organ to add the new programs, and even sometimes court requires a formal rulemaking. However, it also results in a lot of criticism. Finally the U.S. Supreme Court ended the development of hybrid rulemaking. Administrative rules are drafted in the negotiation phase, through consultation with interested persons on specific matters. The scope of judicial review about negotiated rulemaking is controversial. Scholars advocate looser standards shall be adopted dealing with negotiated rulemaking. But the court upheld the rationality of the original standard.The fifth part is the judgment and injunction of judicial review. There are three main kinds of judgment. The judgment to hold the rule confirms the legal effect of administrative rule. Vacating the rule means that all or part of the effectiveness of the administrative rules have been revoked. Remanding the rule can be used to track the verdict but maintain the effectiveness of the administrative rules The two types of temporary relief are injunction and staying the rule.The six part is the last chapter, which briefly gives advices and suggestions in the aspect of judicial review of administrative legislation and orders in our administration litigation. What we can do includes expanding the scope of accepting cases, perfecting the review procedure, developing standards of judicial review etc.