Heightened Scrutiny of the Fourth Branch: Separation of Powers and the Requirement of Adequate Reasons for Agency Decisions

Authors

Sidney A. Shapiro
Richard E. Levy

Abstract

Judicial review of administrative action is an inexact science. Professors Shapiro and Levy argue that this is partially because review of administrative actions is an unexplained science. In this article, they examine how the evolution of judicial review of agencies has reflected changing political values in American government. They argue that courts now require agencies to provide adequate reasons for their actions, and, by tracing the development of that requirement, they demonstrate that the courts have not fully explained the significance of or doctrinal basis for this model of review. The article concludes that the adequate reasons requirement is best understood, and applied, as a derivation of the separation of powers doctrine.

Citation

Sidney A. Shapiro & Richard E. Levy, Heightened Scrutiny of the Fourth Branch: Separation of Powers and the Requirement of Adequate Reasons for Agency Decisions, 1987 Duke Law Journal 387-455 (1987)
Available at: https://scholarship.law.duke.edu/dlj/vol36/iss3/5