SUBJECTIVE JUDICIAL REVIEW OF THE FEDERAL COMMUNICATIONS COMMISSION

Authors

Harry P. Warner, Member of the District of Columbia bar

Abstract

The basis for judicial review of administrative agencies in one form or another is the Union Pacific rule, originally developed to govern the relationship between the courts and the Interstate Commerce Commission. Variations in the application of this judicial formula to different agencies have been shaped for the most part by the character of the governmental power exercised and the nature of the subject matter under review. For example, the judicial control exercised over taxing authorities is circumscribed by the sovereign demand for revenue essential to the maintenance of government. The scope of judicial review has been extended in deportation cases because of a strong disposition to right the wrongs committed by a poorly-manned administrative agency employing an inadequate procedure.

Recommended Citation

Harry P. Warner, SUBJECTIVE JUDICIAL REVIEW OF THE FEDERAL COMMUNICATIONS COMMISSION, 38 Mich. L. Rev. 632 (1940).
Available at: https://repository.law.umich.edu/mlr/vol38/iss5/4