ADMINISTRATIVE LAW-DELEGATION OF LEGISLATIVE POWER TO ADMINISTRATIVE TRIBUNALS

Authors

Abstract

Thirty years ago it was generally said and believed that no part of the legislative power could be delegated to any other department of government or to any administrative officer or officers. That was a fundamental principle of constitutional law thought essential to the integrity and maintenance of the system of government established by the constitution. But as social and industrial problems became more complex, calling for an ever greater amount of governmental regulation, legislative bodies found themselves unable to attend to the ever increasing volume of technical detail. Furthermore, the nature of the problems was often such as to require expert training. Thus Congress and the state legislatures found themselves compelled to delegate certain duties to bodies of experts especially created and empowered for that particular work. By 1915 administrative officers were, by legislative authority, deciding what was and what was not inferior tea; they were abating unreasonable obstructions to navigation; they were creating and enforcing rules necessary for the preservation of the national forests; they were censoring movie films which in their opinion were not moral, educational, amusing, and harmless; they were fixing the rates to be charged by public service corporations; they were doing all these things and many more.

Recommended Citation

ADMINISTRATIVE LAW-DELEGATION OF LEGISLATIVE POWER TO ADMINISTRATIVE TRIBUNALS, 27 Mich. L. Rev. 558 (1929).
Available at: https://repository.law.umich.edu/mlr/vol27/iss5/5