首页
登录
职称英语
One traditional justification for greater judicial deference to agencies on
One traditional justification for greater judicial deference to agencies on
游客
2025-04-27
17
管理
问题
One traditional justification for greater judicial deference to agencies on legal questions in the U. S. administrative regime is she expertise argument. This justification comports with traditional understandings about the respective roles of the different branches of government and agencies’ place in modern government. Agencies, in this view, are the technical experts that put into operation the policy judgments made by legislators. Indeed, technical expertise is the raison d’etre of agencies; by focusing on a particular regulatory field, or sector of the economy, agencies can do what Congress lacks the time and other institutional resources to do. Chevron VS National Resources, which presented the question whether the statutory term "stationary source" referred to an entire pollution-emitting plant or, rather, to every single smokestack within such a plant, supplies an apt example of when an agency’s special technical expertise can aid statutory interpretation. According to the expertise argument, agencies are deemed to understand even the legal ramifications of the problems agencies are created to work on. Admittedly, the dichotomy between legal and factual questions may at times be difficult to maintain, but that observation argues as much in favor of as it does against Chevron deference.
Agency expertise, however, is not the only common justification. Sometimes the doctrine is justified also on democratic grounds. According to the argument from democracy, it is agencies, not courts, that are answerable to both the executive and the legislative representatives of the citizenry. Because judges are not elected, while presidents and legislators are, and because agencies but not judges are accountable to the President and to Congress, judicial deference to agency decisions enhances the political legitimacy of the administrative regime.
Finally, Chevron may be justified also in the name of administrative efficiency or coordination. Before Chevron, different federal courts in different jurisdictions could interpret the same statutory provision differently. Multiple interpretations by different federal courts would mean that the statute "said" different things in those different jurisdictions. Such confusion could be eliminated by appellate review, but agencies faced uncertainty pending review, and the possibility of different interpretations across different appellate circuits remained. Because multiple agencies do not typically interpret the same statutory language, however, Chevron deference allows the agency charged with administering a statute to interpret that statute. One agency, rather than many federal courts, now resolves ambiguities in the statute that the agency in question is charged to administer. Such interpretive streamlining not only reduces uncertainty but also promotes regulatory coordination. Once an agency has settled on a reasonable interpretation, it can act on the basis of that interpretation nationally. [br] Chevron is capitalized ______.
选项
A、because it is the name of a company.
B、because it is one party to a law case.
C、because it is the title of a book.
D、because it is the title of a scholarly article.
答案
B
解析
转载请注明原文地址:https://tihaiku.com/zcyy/4056023.html
相关试题推荐
Onetraditionaljustificationforgreaterjudicialdeferencetoagencieson
Onetraditionaljustificationforgreaterjudicialdeferencetoagencieson
ThetraditionalAmericanThanksgivingDaycelebration【1】to1621.【2】thatyear
ThetraditionalAmericanThanksgivingDaycelebration【1】to1621.【2】thatyear
ThetraditionalAmericanThanksgivingDaycelebration【1】to1621.【2】thatyear
ThetraditionalAmericanThanksgivingDaycelebration【1】to1621.【2】thatyear
ThetraditionalAmericanThanksgivingDaycelebration【1】to1621.【2】thatyear
ThetraditionalAmericanThanksgivingDaycelebration【1】to1621.【2】thatyear
ThetraditionalAmericanThanksgivingDaycelebration【1】to1621.【2】thatyear
ThetraditionalAmericanThanksgivingDaycelebration【1】to1621.【2】thatyear
随机试题
WouldyouliketoorbittheEarthinsidetheInternationalSpaceStation?No
在某高校教学管理系统中,有院系关系D(院系号,院系名,负责人号,联系方式),
自动弯沉仪测试的是路面结构体的回弹弯沉。()
(2018年真题)假设某基金某日资产负债情况如下,持有两只股票数量分别为20万股
下列有关有限责任公司经理的表述中,不正确的是()。A.经理直接对股东会负责
共用题干 OnMay1,2006,NewYork'sEmpireSt
下列对股票定义的描述,不正确的是()。A:股票是一种有价证券B:股票是股份有限
国债期货买入套期保值适用的情形有( )。A.计划买入债券,担心利率下降,导致债券
国家发展规划的编制主体是()。A.国务院 B.国务院有关部门 C.党中央
电压互感器二次侧额定电压一般为()V。 (A)1OO(B)220(C)38
最新回复
(
0
)