Administrative Agencies and the Court

Authors

Frank E. Cooper, University of Michigan Law SchoolFollow

Files

Description

The limits which courts place on the powers of administrative tribunals have particular significance to practicing attorneys and law students. It is largely to the extent that such limits are imposed, that our government remains a government of laws and not a government of men.

The following pages have been written to describe the standards which the courts impose upon administrative agencies, thereby controlling and limiting their powers. More particularly, the writer has sought: (1) to bring together the leading cases in which the courts have laid down the principles that govern frequently litigated questions in contests between the agencies and the parties with whom they deal; (2) to describe the criteria and techniques of administrative adjudication-what may be termed the jurisprudence of administrative tribunals-within these courtimposed standards.

No attempt has been made to discuss the problems of administrative organization and agency management, which are of particular interest to the political scientist and specialist in government. The purpose of this volume is more modest. It is an examination of the relationship between administrative agencies and the courts, with particular reference to judicial doctrines concerning: (1) constitutional limitations on the delegation of powers to administrative agencies; (2) procedural requirements in cases where agencies exercise judicial powers; (3) procedural and substantive requirements imposed in connection with rule-making activities; (4) methods and scope of judicial review.

Publication Date

1951

Publisher

University of Michigan Law School

City

Ann Arbor

Keywords

Federal agencies, Regulation, Rulemaking, Delegation, Evidence, Judicial review, Separation of powers, Notice, Administrative proceedings, Administrative tribunals, Information

Disciplines

Administrative Law | Constitutional Law | Courts | President/Executive Department

Comments

Published under the auspices of the University of Michigan Law School (which, however, assumes no responsibility for the views expressed) with the aid of funds derived from gifts to the University of Michigan by William W. Cook.

Recommended Citation

Cooper, Frank E. Administrative Agencies and the Court. Hessel E. Yntema, editor. Michigan Legal Studies. Ann Arbor: University of Michigan Law School, 1951.