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- Title
On the Interpretive Foundations of the Administrative Procedure Act.
- Authors
Bamzai, Aditya
- Abstract
The Administrative Procedure Act's standard-of-review provision instructs reviewing courts to "decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action," and to set aside agency action "not in accordance with law." How the APA's statutory text might fit with the concept that courts should "defer" to agency legal interpretations is the subject of significant debate. Moreover, the question is a conceptually and theoretically important one because deriving the APA's meaning requires understanding the shifting law of the 1940s Supreme Court. This Article will examine the APA's standard-of-review provision from the perspective of those who wrote it--by assessing the statute's antecedents, text, structure, and legislative history, along with the other steps that Congress took during the 1940s to establish a standard of review in related areas.
- Subjects
ADMINISTRATIVE procedure; STATUTORY interpretation; JUDICIAL power; DISCRETION; LEGAL doctrines
- Publication
George Mason Law Review, 2024, Vol 31, Issue 2, p339
- ISSN
1068-3801
- Publication type
Article