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Establishing an Effective Dialog between Courts and Agencies
This thesis examines the relationship between courts, administrators, and legislators. The goal is to improve the operation of judicial review in the United States and provide suggestions on how to enhance emerging doctrines of judicial review in the EU. The thesis focuses on how courts, agencies, and legislators interact in order to make and interpret law. Legislators create laws. Administrators apply and interpret laws. Courts review administrators’ actions and interpretations. In so doing, they must give some ‘weight’ to the agency’s interpretation of the statute. This system produces principled outcomes only if there is ‘principled’ communication between legislators, courts, and administrators. This has become increasingly relevant in the United States (due to the proliferation of administrative acts) and in Europe, due to the move towards ‘Better Regulation’ in the EU. Thus, this thesis examines the nature of this ‘principled...
Show moreThis thesis examines the relationship between courts, administrators, and legislators. The goal is to improve the operation of judicial review in the United States and provide suggestions on how to enhance emerging doctrines of judicial review in the EU. The thesis focuses on how courts, agencies, and legislators interact in order to make and interpret law. Legislators create laws. Administrators apply and interpret laws. Courts review administrators’ actions and interpretations. In so doing, they must give some ‘weight’ to the agency’s interpretation of the statute. This system produces principled outcomes only if there is ‘principled’ communication between legislators, courts, and administrators. This has become increasingly relevant in the United States (due to the proliferation of administrative acts) and in Europe, due to the move towards ‘Better Regulation’ in the EU. Thus, this thesis examines the nature of this ‘principled communication’ in order to help guide the appropriate relationship between courts and administrators. The over-arching research question is: How should courts and agencies interact in order to promote strong and effective law?
Show less- All authors
- Humphery-Jenner, M.L.
- Supervisor
- Voermans, W.J.M.; Caminada, C.L.J.
- Qualification
- Doctor (dr.)
- Awarding Institution
- Faculty of Law , Leiden University
- Date
- 2013-04-16