Reinventing Regulation/Reinventing Accountability: Judicial Review in New Governance Regimes

16 Pages Posted: 3 Aug 2011

Multiple version iconThere are 2 versions of this paper

Date Written: 2010

Abstract

This Essay considers the doctrinal and institutional challenges courts and designers of New Governance systems face when considering the availability and scope of judicial review. Part II briefly summarizes New Governance principles, while Part III explains the challenges they pose for American standing law. The Essay then considers solutions. Part IV considers aspects of other nations’ administrative standing law, considering whether those nations’ legal innovations overcome these hurdles while remaining true to courts’ proper role in reviewing agency action. Other nations have taken significant steps to resolve these issues; however, it remains unclear whether those resolutions transfer to the different institutional and legal structure in the United States. Part V considers whether the problem of standing can be resolved in a principled way by reconceptualizing the injury plaintiffs allege when they challenge New Governance regulation. Finally, Part VI considers the proper scope of judicial review of New Governance regulation.

Suggested Citation

Araiza, William D., Reinventing Regulation/Reinventing Accountability: Judicial Review in New Governance Regimes (2010). Windsor Yearbook of Access to Justice, Vol. 28, No. 2, 2010, Available at SSRN: https://ssrn.com/abstract=1904391

William D. Araiza (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States

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