Abstract
In this essay, I undertake three tasks. The first is to describe some of the difficulties of defining in the setting of judicial review of administrative action. The second task is to offer reasons, though tentative and largely anecdotal ones, for an affirmative answer to the question whether aggressive judicial review has produced net benefits. At the very least, I suggest, aggressive judicial review has had significant benefits in many settings. The third and final task is to outline some proposals by which to increase the benefits, and decrease the risks, of an aggressive judicial posture in administrative law.
Highlights
The first is to describe some of the difficulties of defining "benefits" in the setting of judicial review of administrative action
THE VARIOUS "BENEFITS" OF JUDICIAL REVIEW. For those assessing the value of judicial review of administrative action, the first problem is one of definition
The most obvious goal, or "benefit," of judicial review is to increase the incidence of legality
Summary
On the Costs and Benefits of Aggressive Judicial Review of Agency Action, 1989 Duke L.
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