Some Thoughts on Essential Concepts for Re-thinking Standards of Review in Administrative Law
Essential concepts in reviewing the nature and scope of judicial review
1. What is the purpose of judicial review?
2. Recognition of the sources of the courts’ authority to review decisions or actions by statutory delegates
3. The distinction between grounds for review and standards of review
4. What is the justification for deference?
5. What will be the relationship between the principles of statutory interpretation and any new deferential standard of review?
6. What sorts of decisions will the re-worked standard apply to?
7. How will one know if the standard is met?
8. Is it possible to describe a standard of review which can be easily applied?