<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>Conflicts between those supporting and opposing congressional redelegation to executive agencies go back to the earliest days of the Republic, but given the enormous development of the administrative state, now raise issues of great practical importance. The arguments back and forth implicate abstract notions of democracy, efficiency, and judicial power, though typically partisan and other self interested considerations actually drive the debate. The future is likely to see some retrenchment, but not wholesale rejection of redelegation, as the massive and unpredictable consequences would deter courts from acting.</p>
</abstract>

Conflicts between those supporting and opposing congressional redelegation to executive agencies go back to the earliest days of the Republic, but given the enormous development of the administrative state, now raise issues of great practical importance. The arguments back and forth implicate abstract notions of democracy, efficiency, and judicial power, though typically partisan and other self interested considerations actually drive the debate. The future is likely to see some retrenchment, but not wholesale rejection of redelegation, as the massive and unpredictable consequences would deter courts from acting.

To Delegate or Redelegate: Is That the Question?

British Journal of American Legal Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"To Delegate or Redelegate: Is That the Question?"}

Conflicts between those supporting and opposing congressional redelegation to executive agencies go back to the earliest days of the Republic, but given the...

To Delegate or Redelegate: Is That the Question?

Published Online: May 18, 2021

Page range: 335 - 361

DOI: https://doi.org/10.2478/bjals-2021-0003

Keywords
Delegation, Redelegation, Chevron v. Natural Resources Defense Council

© 2021 Thomas Halper, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

To Delegate or Redelegate: Is That the Question?

Published Online: May 18, 2021

Page range: 335 - 361

DOI: https://doi.org/10.2478/bjals-2021-0003

KeywordsDelegation, Redelegation, Chevron v. Natural Resources Defense Council

© 2021 Thomas Halper, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
Delegation, Redelegation, Chevron v. Natural Resources Defense Council