The Problem of Judicial Review of Administrative Action
Milton A. Kallis
Abstract
Open-access reader
Milton A. Kallis
Abstract
Open-access reader
T HE present era is one of rapid change.To meet the de- mands of new political, economic, and social conditions certain practical adjustments must be made.We have accordingly seen a remarkable expansion of governmental agencies in the field of public administration.As a result, the subject of administrative law has for more than a generation been the fastest growing part of our legal system.Moreover, it presents vital problems which today are pressing for a wellinformed and intelligent solution.'Because the subject is still in a formative stage, the courts have ample opportunity for displaying judicial statesmanship in deciding the difficult questions involved.'Instead of being slaves to precedent, they can draw on the lessons of history and at the same time use the tools of analysis and understanding to satisfy the needs of the people and to help maintain a stable and yet progressive nation.
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T HE present era is one of rapid change.To meet the de- mands of new political, economic, and social conditions certain practical adjustments must be made.We have accordingly seen a remarkable expansion of governmental agencies in the field of public administration.As a result, the subject of administrative law has for more than a generation been the fastest growing part of our legal system.Moreover, it presents vital problems which today are pressing for a wellinformed and intelligent solution.'Because the subject is still in a formative stage, the courts have ample opportunity for displaying judicial statesmanship in deciding the difficult questions involved.'Instead of being slaves to precedent, they can draw on the lessons of history and at the same time use the tools of analysis and understanding to satisfy the needs of the people and to help maintain a stable and yet progressive nation.
Key concepts: Administrative law, Action (physics), Judicial review, Political science, Law and economics, Public administration, Law, Sociology