The Historical Evolution Of Non-delegation Doctrine In The United States

Non-delegation doctrine,originated from cases made by the supreme court of the United States,is an important system in American constitution and administrative law.This article researches the background and development of Non-delegation doctrine by analyzing cases decided by Supreme Court of the United States.The development of non-delegation doctrine can be divided into two periods: forming period and transition period.Forming period is from late 19 th century to 1930 s.Transition period is from 1930 s until now.In forming period,non-delegation doctrine aimed at maintaining the system of separation of powers.In transition period,however,non-delegation doctrine aimed at controlling the administration discretionary power.This article includes four chapters.The chapter one introduces the background of the forming of Non-delegation doctrine.The chapter two and chapter three,which are the main content of this article,describe the forming and transition of Non-delegation doctrine.The chapter four analyzes the conclusion of this article.In the chapter one,we introduce the background of the forming of Non-delegation doctrine from natural law,constitution and social development.Non-delegation doctrine can be traced to the classical natural law theory of Locke and Montesquieu.The separation of powers which was established by Constitution resulted into the controversy between strict decentralization and power mixing.The forming and transition of Non-delegation doctrine was based on the constitution controversy.After the industrial revolution,the demand strengthening of government intervention economy is the practical need of the Non-delegation doctrine.In the chapter two,we analyzes the cases of forming period of Non-delegation doctrine.The forming period of Non-delegation doctrine can be cut into three phases.Non-delegation doctrine originated from late 19 th and early 20 th,established by Hot Oil and Sick Chicken,and frozen after late 1930 s.In the chapter three,we concentrates on the transition of Non-delegation doctrine.The transition of aim of Non-delegation doctrine from maintaining the separation of powers to controlling administrative discretion can be divided into two steps: firstly,banning the scope of Non-delegation doctrine;secondly,using Non-delegation doctrine to review administrative discretion.In the chapter four,we talks about the determining factors of the development of Non-delegation doctrine.Firstly,both adjusting delegation legislation and controlling administrative discretion,both reviewing congressional legislation and reviewing administrative legislation,were strongly influenced by liberalism.Secondly,what behind the transition of the aim of Non-delegation doctrine are the recognition and response to the Administrative State.