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The Judicial Review Standard Of American Administrative Interpretation

Posted on:2019-09-22Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2416330545954012Subject:Constitution and Administrative Law
Abstract/Summary:PDF Full Text Request
The administrative authority of the United States exercising its authority and making each decision need to be based on one or more legal provisions it is responsible for implementing.However,due to the administrative law and the fact that it is impossible to achieve sufficient precision and predictability in the process of legislation to solve all problems that may arise during the implementation of the law,it is customary to use extremely widely when the US Congress enacts legislation.Words and sentences,and different laws and even the same internal laws have different reasons for different issues.The executive authorities will inevitably issue administrative explanations to explain this to meet management needs.When these explanations result in disputed litigations before the courts,there will be problems with the Federal Court's response to the principle of judicial review by the administrative authorities on the interpretation of the law.The first part starts with the basic problems of administrative interpretation,discusses the four aspects of the distinction between the US administrative agencies,the discretion of administrative interpretation and administrative discretion,the reasons for the administrative interpretation and the basis for legitimacy,and the classification of administrative interpretations,so as to obtain a panoramic view of administrative interpretation.The second part analyzes the principle of judicial review by the U.S.Supreme Court on the administrative interpretation of the United States in conjunction with case studies,focusing on the analysis of typical cases such as the Skidmore case,the Chevron case,the Mead case,the Brand X case,the Christensen case and Arlington case illustrate how the Supreme Court of the United States has produced,developed,and changed the standard of judicial interpretation of administrative interpretation.The third section focuses on an analysis of how federal courts apply the standards of judicial review of administrative interpretations.It analyzes Chevron zeroth step and Chevron respect for the twostep approach to the main problems solved,and Chevron respect and Skidmore respect.The distinction between respect and administrative interpretation of the inapplicability of judicial review standards,through the discussion of these several issues,achieve the purpose of explaining how judicial review standards are applied.
Keywords/Search Tags:judicial review, Administrative interpretation, Skidmore respect, Chevron Respect, United States Supreme Court case
PDF Full Text Request
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