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The Purpose and Limitation of the Courts Review of Administrative Agencies Decisions While the administrative process is utilized

by the legislative system, the judicial process is used by the judicial system. Under the Administrative Procedure Act of 1946, all federal agencies are required to follow certain regulations in their rulemaking, adjudication and other tasks. An act of legislation is required to create an administrative agency. Implicitly in the constitution, the non-delegation doctrine imposes a structural seperation of powers that keeps one branch from exercising too much power or usurpation of their constitutional role on another. The purpose of courts is to oversee and influence the operations of administrative agencies. Without the legislative standards, it cant be determined if the agency is acting in accordance within its authorization. But law also should give agencies enough freedom to do their jobs provided that the courts will protect the individual rights. Although article I of US Constitution states that all legislative power is vested in congress, Supreme Court accepted delegation of legislative authority as long as congress could limit and determine the standards of duties of administrative agencies. Therefore, courts could invalidate the laws that granted administrative agencies too much legislative power. A person might suffer or adversely affected from an agency action. Affected people who disagree with an agencys decision are allowed to take their dispute to court. Therefore, by Section 702 of the Administrative Procedure Act, courts are entitled to review an agencys decision and by Section 706, courts can overrule an action that is found arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

Courts are limited to examining the agencies acts and if the agency followed the authority granted to it. References 1) Constitution of United States 2) Administrative Procedure Act 3) Unchecked Powers: The Supreme Court and Administrative Law, E.P. Krauss 4) Understanding Administrative Law, 4th Ed., William F. Fox, Jr.

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