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
9
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] A "stationary source" ______.
选项
A、refers to where one goes to buy writing paper.
B、may mean either a plant or a smokestack, but not both.
C、is in this instance a legal term whose meaning is being questioned.
D、refers to something not covered by the above.
答案
C
解析
转载请注明原文地址:https://tihaiku.com/zcyy/4056024.html
相关试题推荐
Onetraditionaljustificationforgreaterjudicialdeferencetoagencieson
Onetraditionaljustificationforgreaterjudicialdeferencetoagencieson
Confucianismhasevolvedintoacultureofrationalistictraditionalism,acombi
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
CantheInternethelppatientsjumpthelineatthedoctor’soffice?TheSili
BasicsaboutSpringBreakSafety1.Travelsafety■Validdriving【T1】______
Chinahasoutlinedanewapproachtoforeigninvestment,withplannerssayin
[originaltext]Moods,saytheexperts,arefeelingsthatarelikelytobefi
男性,30岁,2周前曾去南方出差,2天前突然寒战高烧,体温最高达39.5℃,4小
Buerger病A.好发于青壮年妇女 B.多发于青壮年男性 C.多发于
某企业有一张带息期票,而额为12000元,票而利率为4%,出票日期为4月15日,
从所给的四个选项中,选择最合适的一个填入问号处,使之呈现一定的规律性: A.如
专用记账凭证一般适用于规模较小、业务比较简单、业务量也较少的企业或单位。(
对于保管期满但未结清的会计档案,不得销毁。()
最新回复
(
0
)