Five pillars of the administrative state: Judicial deference
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Five Pillars of the Administrative State |
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Judicial deference |
•Judicial deference •Timeline •Court cases •Executive orders •Legislation •Arguments for and against •Reform proposals •Scholarly work |
More pillars |
• Nondelegation • Executive control of agencies • Procedural rights • Agency dynamics |
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Judicial deference is one of five pillars key to understanding the main areas of debate about the nature and scope of the administrative state. Judicial deference to administrative agencies is a principle of judicial review that applies when a court yields to an agency's interpretation of either a statute or regulation promulgated by the agency. In other words, when a law or regulation is challenged in court, the agency's interpretation is upheld if it is considered to be reasonable, even if the court would prefer a different interpretation.
The following pages provide a deep dive into the history, application, and arguments for and against judicial deference:
- A timeline of the evolution of judicial deference
- A list of court cases whose decisions shaped the evolution of judicial deference
- A taxonomy of arguments about judicial deference
Explore more pillars
- Five pillars of the administrative state: Nondelegation
- Five pillars of the administrative state: Executive control of agencies
- Five pillars of the administrative state: Procedural rights
- Five pillars of the administrative state: Agency dynamics