The “ Reformation of Administrative Law ” Revisited 1

نویسندگان

  • Daniel B. Rodriguez
  • Barry R. Weingast
چکیده

The archetype of the New Deal agency, exercising neutral, technocratic expertise, is no longer tenable. As Richard Stewart (1975) noted thirty-five years ago, administrative law “is undergoing a fundamental transformation.” Following Stewart, the modern explanation in legal scholarship of the transformation is that federal judges came to the rescue of the administrative state, actively intervening in the regulatory process in order to preserve key values which had been threatened by an admixture of internal pathologies and external (read: “political”) threats.

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تاریخ انتشار 2015