Administrative Justice and the Supremacy of law in the United States

摘要

The first section of this classic is REGULATION BY GOVERNMENT VERSUS REGULATION BY LAW,it is detailedly demonstrated by Substitution of Administrative Regulation for Judicial Enforcement of Private Rights. "; Legislative" and "Judicial" aspects of Administrative Regulation. And Reasons for Distinguishing between different fields of Administrative Action. The second section of this classic is THE SUPREMACY OF LAW AND THE REVIEW OF ADMINISTRATIVE DETERMINATIONS BY THE COURTS,it is demonstrated by Meaning of "Supremacy of Law." and Relation of Court Review to Maintenance of the Supremacy of Law in details.The third section of this classic is THE CONCLUSIVENESS OF ADMINISTRATIVE DETERMINATIONS, it is demonstrated by Methods of Court Review for older types of Administrative Action; Methods of Court Review for newer types of Administrative Adjudication; "Questions of Law" and "Questions of Fact."; Different Scope of Judicial Review in different fields of Administrative Regulation; Different Scope of Judicial Review in different types of Review-Proceedings; Ambiguity of Principles of Review illustrated by Review of Administrative Regulation of Public Utilities and Arguments of Policy in favor of Broad and Narrow Review in details. The forth section of this classic is HISTORICAL DOCTRINE OF THE SUPREMACY OF LAW, it is demonstrated by Royal Power in Tudor England; The Idea of the Supremacy of Law as a check upon Royal Power; Conflict between Coke and the Crown; The Supremacy of Law and Political Responsibility as alternative methods of restraining abuses of Governmental Power; Distinctionbetween Judicial and Administrative Adjudications under a system of Legal Supremacy in details.The fifth section of this classic is PRACTICAL LIMITS OF THE SUPREMACY OF LAW, it is demonstrated by Law as an Instrument of Certainty;Relation of the Courts to Law; Technique of Legal Logic: Principles, Rules, Concepts, Standards; The Place of Discretion in the Legal System; Relation between Discretion and Rule and Judicial Control of the Discretion of "Fact-finding" Bodies. The sixth section of this claasic is COURT REVIEW OF ADMINISTRATIVE DETERMINATIONS IN THE FIELD OF PUBLIC-UTILITY REGULATION: DOCTRINE AND PRACTICE OF THE UNITED STATES SUPREME COURT,it is demonstrated by Review of Determinations of the Interstate Commerce Commission not involving Questions of Constitutionality; Meaning of the Distinction between "Questions of Law" and "Questions of Fact." ; Review of Determinations of the Interstate Commerce Commission involving Questions of Constitutionality; Review of Constitutionality of orders of State Administrative Agencies on Appeal from Injunction Proceedings in the Federal Courts; Review of Constitutionality of orders of State Administrative Agencies on Writ of Error from State Courts.;Constitutional Requirements as to Scope of Judicial Review available in State Courts and The case of Ohio Valley Water Co. v. Ben Avon Borough.The seventh section of this classic is LEGAL ORDER IN FIELDS OF DISPUTED SOCIAL POLICY, it is demonstrated by Judicial Review and the Growth of Law. - Efforts to develop a Law of " FairValue."; Obstacles to Development of Law in fields of disputed Social Policy. -" Mechanical Jurisprudence" and Legal Policy; The Law of "Fair Value," and competing Valuation Theories; The Substance of Legal Generalizations ; Courts and Administrative Bodies as Agencies for the Development of Law.The eighth section of this classic is COURT REVIEW OF DETERMINATIONS OF THE FEDERAL TRADE COMMISSION, AND THE DEVELOPMENT OF A LAW OF UNFAIR COMPETITION, it is demonstrated by Unfair Competition. -The Gratz Case and "Full-line Forcing."; Development of Law as to Restriction of Resale Prices; Judicial Review of Findings of Federal Trade Commission on "Questions of Fact." The nineth section of this classic is COURT REVIEW OF ADMINISTRATIVE DETERMINATIONS IN THE FIELD OF GENERAL POLICE REGULATION,it is demonstrated by Arguments for broad and narrow review in the field of general Police Regulation; Controlling Distinctions: Necessity of Expert Knowledge and Summary Action; Review Procedure and its Defects: Review of Determinations of Industrial Accident Boards; Political Responsibility of Administrative Adjudicating Agencies.The tenth section of this claasic is COURT REVIEW OF ADMINISTRATIVE DETERMINATIONS MADE IN THE COURSE OF ADMINISTERING THE BUSINESS OF GOVERNMENT, it is demonstrated by Determinations made in the exercise of the Power to Appoint and Remove Government Employees;Tax Determinations and Determinations by Customs Officials; Determinations by the Public Land Officials of the Federal Government; Determinations by Immigration Officials; Determinations by Postal Officials; Determinations made in Administering the Municipal Supply of Water and Light. The eleventh section of this classic is COURT REVIEW OF ADMINISTRATIVE DETERMINATIONS OF "FACT", it is demonstrated by The "Ultra-Vires" Theory of Review; The Doctrine of "Jurisdictional Fact." ;" Questions of Law" and" Questions of Fact" again. - Findings based upon no Evidence; Findings based upon Insufficient Evidence and Confusion between Error in the application of Legal Rules and mere Errors of Inference.The twentieth section of this classic is THE SUPREMACY OF LAW AND THE PROBLEM OF LEGAL EDUCATION,it is demonstrated by Legal Premises;The Materials of Legal Premises;The Suggestion of a "Classified Bar."; Alternative Suggestion of Modifications in Legal Education.

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本书最初由哈佛大学出版社1927年出版