Posted: April 24th, 2015

Judicial Legislative Review

Judicial Legislative Review

Order Description

I need 2 pages answer the following questions.

1.Judicial Review
The required reading for this week focused on judicial review. What is judicial review of administrative action? What are the mechanisms used by the courts? Identify and explain the components of reviewability.
2.Legislative Review
The first question concerned judicial review. This question addresses legislative review of administration action. What are the mechanisms used by the legislative branch to ensure public administrators follow legislative intent? Identify and explain them. HINT: review the ppt slides. Have you experienced any of the mechanisms on the job? Do you think these mechanisms ensure that public servants follow legislative intent? What has been your experience? Are there better strategies to ensure that public administrators follow legislative intent? (Note: You will need to conduct a search on the Internet or use another source for this answer in addition to the ppt slides).
3.Judicial Judgment
Because public administrators are given a lot of power and authority (delegated by Congress), the courts serve as a check on administrative discretion. In other words the court holds administrators and their actions accountable to ensure equity and due process. Should the courts serve as a check on administrative discretion basically deferring to the agency OR should the courts substitute their own judgment for that of public administrators? There might be advantages of the courts substituting their opinion for administrators.

Sources:
Christine Harrington & Lief H. Carter, Administrative Law & Politics, Chapter 10: Judicial Review, pp. 296-334. See File Directory.

Thus far we have covered three provisions of the Administrative Procedure Act: public information, rulemaking, and adjudication. This week we cover the fourth and final provision, which is judicial review. The courts can review the actions and decisions of administrative agencies that are brought to their attention. The US Court System consists of three different levels: trial courts/district courts, which is the first line of defense and has original jurisdiction; the appellate courts, which hear appeals and serve as the second line, and finally the supreme court, which has the final say in a court case. In addition, to the three levels of courts in the United States, there is also a dual system, which consists of federal and state courts. The following graph, in addition to the graph in the power point slides, illustrates the two courts.