Administrative Law and Procedure

The Role of Judicial Procedure Courts in the Development of Iranian Administrative Law

 Today, in leading administrative law systems, the judicial process along with the law is the most important source of legal rules, and the law alone can not feed the legal system. Although in the administrative law system of Iran, the use of judicial procedure has often been considered as a source and interpretation of the law and not as the main source, but the role of administrative courts, ...

Clarence Thomas and Administrative Law

Empirical Analysis and Administrative Law

Depoliticizing Administrative Law

A large body of empirical evidence demonstrates that judicial review of agency action is highly politicized, in the sense that Republican appointees are significantly more likely to invalidate liberal agency decisions than conservative ones, while Democratic appointees are significantly more likely to invalidate conservative agency decisions than liberal ones. These results hold for both (a) ju...

Ordinary Administrative Law as Constitutional Common Law

Henry Monaghan famously argued that much of constitutional interpretation takes the form of what he termed constitutional common law, a body of doctrines and rules that are constitutionally inspired but not constitutionally required and that can be altered or reversed by Congress. This Essay argues that a fair amount of ordinary administrative law qualifies as constitutional common law: Constit...