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Research on the Scope of Judicial Review of Administrative Action in America

Author: XiaChunHua
Tutor: TianKai
School: Zhengzhou University
Course: Constitutional and Administrative Law
Keywords: United States Judicial Review Range Reason Revelation
CLC: D971.2
Type: Master's thesis
Year: 2010
Downloads: 114
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Abstract

Although each country's specific expressions of differences, but the scope of the case as an administrative litigation system, a particularly important element, determine the scope of a country's judiciary to review administrative acts, reflects a country's judiciary to the executive power supervision; also reflects the efforts of a country's judicial protection of the rights of individual citizens; administrative proceedings by the scope of the case and even some countries that show a country's judiciary, the executive, the legislature embodied division of the administrative organs supervision level visible, the scope of the case is an important content of the administrative litigation system affect other systems and content of the administrative proceedings. Academic achievements of the scope of the study of administrative litigation is not uncommon, but the use of a comparative approach, looking abroad to explore other countries, especially to explore the the judicial theory developed U.S. its judicial review of administrative action status, has a different history and be seen backgrounds and cultural traditions of the two countries about the scope of administrative litigation related content exists in what sense relations and differences begin to elegant similarities and differences of the two countries judicial review of administrative action, and judicial precedents from the case law of some representative scholars studied under this problem in the country is still rare. I venture to show oneself, fear disclosure, criticism and also hope you expert colleagues will own humble opinion. This paper is divided into five parts: The first part is the introduction, the part of the author of this article as long as the research questions, existing research results and innovation of this paper, and the presence of a lot of not much. The second part related to this article some of the concepts such as judicial review of administrative action, the scope of judicial review and strength to define and distinguish. This is the premise we solve some of the specific issues of the next, only these basic concepts clearly, after the theoretical analysis and practical investigation to tenable. The third part is the introduction of the U.S. judicial review of administrative action. From the United States by sovereign immunity to be able to review the principle of presumption of transition, the United States began a judicial review of administrative action, after the experience of the 20th century, the New Deal, the federal procedural law promulgated in the 1960s and 1970s, from the 1960s to 1984, since 1984 and other stages, and each stage of the U.S. Judicial Review presents its own characteristics. The fourth part is to explore the reason why the U.S. judicial review of administrative action showed this change the situation, including the reasons and the judge in the course of a hearing of the case-specific level of judicial philosophy choice of public and individual interests, judges in different perspective on the issue of a behavior whether the respondent may come to different conclusions. Part V mainly on administrative act judicial review changes us such a statutory national reference. Although we do not give the judicial precedents binding, but in insisting on the traditional framework of the law, we can still give full play to the role of judges in administering those using its expertise to expand the scope of the case of the administrative proceedings, to expand executive power supervision, safeguard the legitimate rights and interests of citizens.

Research on the Scope of Judicial Review of Administrative Action in America

Abstract

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