Doctrinal Antithesis in Anglo-American Administrative Law

Eric C. Ip, "Doctrinal Antithesis in Anglo-American Administrative Law," Supreme Court Economic Review 22 (2014): 147-180. DOI/10.1086/682017

University of Hong Kong Faculty of Law Research Paper No. 2019/079

Posted: 27 Oct 2019 Last revised: 4 Dec 2019

See all articles by Eric C. Ip

Eric C. Ip

The University of Hong Kong

Date Written: October 1, 2014

Abstract

English administrative law guards judicial supremacy over all matters of statutory interpretation, while instructing judges to refrain from scrutinizing administrators’ factual findings. By contrast, American federal courts are obliged to respect agencies’ statutory-interpretive autonomy, but take a rigorous “hard look” at substantial agency factual determinations. This Article argues that the antithetical approaches to judicial review of administrative action adopted by the apex courts of the United Kingdom and the United States can be adequately explained by the polarization of these two polities along a spectrum of effective vetogates.

Keywords: positive political theory, judicial review, comparative administrative law, English administrative law, US administrative law

Suggested Citation

Ip, Eric C., Doctrinal Antithesis in Anglo-American Administrative Law (October 1, 2014). Eric C. Ip, "Doctrinal Antithesis in Anglo-American Administrative Law," Supreme Court Economic Review 22 (2014): 147-180. DOI/10.1086/682017, University of Hong Kong Faculty of Law Research Paper No. 2019/079, Available at SSRN: https://ssrn.com/abstract=3471508

Eric C. Ip (Contact Author)

The University of Hong Kong ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

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