The Chevron Doctrine: Its Rise And Fall Future Of Administrative State Thomas W Merrill Harvard University Press Αγγλικά Βιβλία Law Legal

A Leading Expert On The Administrative State Describes Past Present And Future Of Immensely Consequential—And Equally Controversial—Legal Doctrine That Has Come To Define How Congress’s Laws Are Applied By Executive Branch Constitution Makes Congress Principal Federal Lawmaker But For Variety Reasons Including Partisan Gridlock Increasingly Fails Keep Up With Challenges Facing Our Society Power Inevitably Shifted Agencies Interpret Already Books Courts Review Agencies’ Interpretations Since Supreme Court’s 1984 Decision In Chevron V Natural Resources Defense Council This Judicial Been Highly Deferential: Must Uphold Agency Unclear As Long These “Reasonable ” Faces Backlash From Constitutional Scholars Now Court Justices Who Insist Not Have Authority Say What Law Is Critics Also Charge Deference Enables Unaccountable Bureaucratic Thomas Merrill Reviews History Immense Consequences Suggests Way Forward Recognizing Cannot Help Relying Carry Out Rejects Notion Discarding Instead He Focuses Should Be Proper Relationship Between Interpreting Given Strengths Weaknesses Institutions Better At Enforcing Rule Values More Policy Expertise Receive Public Input Unlike Subject Least Some Political Discipline Best Solution Either-Or Neither Nor Alone Pick Slack Ineffectual Legislature Σελίδες: 368 Έτος Έκδοσης: 0517 Διαστάσεις: 15 6X15 6Cm