Delegation and Judicial Review, 33 Harvard Journal of Law and Public Policy 73 (2010)
One of the subthemes in the delegation debate concerns the
importance of judicial review. The Supreme Court has often
upheld broad delegations to administrative actors and in so
doing has pointed out that judicial review is available to safeguard
citizens from the abuse of unconstrained government
power. Broad delegations of power to executive actors are
constitutionally permissible, the Court has suggested, in significant
part because courts stand ready to assure citizens that
the executive will discharge its discretion in a manner consistent
with Congress's mandate and in a fashion that otherwise
satisfies the requirements of reasoned decision making.
Date of Authorship for this Version
judicial review, courts, delegation
Merrill, Thomas W., "Delegation and Judicial Review" (2010). Faculty Scholarship Series. Paper 4468.