The Scope of Judicial Review in the German and U.S. Administrative Legal System

Abstract

The scope of judicial review of administrative decisions is one of the most important issues in administrative law. The question of the scope of judicial review is a typical problem of public law. Prior to the decision of an administrative law court, there is usually a decision of a public agency. In contrast to that, civil or criminal law cases begin without a state-run decision because these courts have to judge the behavior of private persons. In Chevron U.S.A., Inc. v. Natural Resources Defense Council, the Supreme Court held that if it determines Congress has not addressed the question at issue, “the court does not simply impose its own construction on the statute, as would be necessary in the absence of an administrative interpretation [emphasis added].” Summarized in a simple formula, one can say that civil and criminal courts decide, while administrative and constitutional courts control.