Title

Common Law and Statute Law in US Federal Administrative Law

Document Type

Book Chapter

Publication Date

2008

Editor(s)

Linda Pearson, Carol Harlow and Michael Taggart

ISBN

978-1-84113-787-2

Publisher

Hart Publishing

Language

en-US

Abstract

MARK ARONSON’S OUTSTANDING treatise, Judicial Review of Administrative Action, is an inspiring piece of for work US lawyers, who today tend to be much less systematic and comprehensive in our treatment of judicial review. The book’s focus on common law also serves to distinguish it from the American view. Although common law pops up explicitly on occasion in the odd quarter of US federal administrative law, by and large the law of judicial review in the United States appears now to be statutory and it is understood that way by most lawyers in the US. Note the word ‘appears’. Scratch below the surface and the federal courts in the US may not actually behave all that differently than court systems with an openly acknowledged common law tradition in administrative law.

The largely statutory appearance of US administrative law should not be surprising in light of the existence of the federal Administrative Procedure Act 1946 (‘APA’).

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