2012•Journal of Henan University of Science & TechnologyRequires access

Judicial Review of Administrative Discretion Standard:Theory,Practice and Future

Ouyang En-qian

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Abstract

Being the sources of administrative law,the administrative discretion standard is inevitable to be put in the judicial review.The practice of judicial review is in a dilemma of choices such as basis or object,administrative rationality or judicial rational,written standard or unwritten standard,etc.The basic way to overcome the embarrassing situation is to turn the ideas of judicial review from romance and doubt to reality,to transform review mode from static state to dynamic,and to move the aims from passive guardian justice to active response to reality.

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What this paper is about

Being the sources of administrative law,the administrative discretion standard is inevitable to be put in the judicial review.The practice of judicial review is in a dilemma of choices such as basis or object,administrative rationality or judicial rational,written standard or unwritten standard,etc.The basic way to overcome the embarrassing situation is to turn the ideas of judicial review from romance and doubt to reality,to transform review mode from static state to dynamic,and to move the aims from passive guardian justice to active response to reality.

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Available abstract

Being the sources of administrative law,the administrative discretion standard is inevitable to be put in the judicial review.The practice of judicial review is in a dilemma of choices such as basis or object,administrative rationality or judicial rational,written standard or unwritten standard,etc.The basic way to overcome the embarrassing situation is to turn the ideas of judicial review from romance and doubt to reality,to transform review mode from static state to dynamic,and to move the aims from passive guardian justice to active response to reality.

Key concepts: Judicial discretion, Administrative discretion, Rationality, Discretion, Judicial review, Standard of review, Dilemma, Law

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