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This volume illustrates the problems which arise when Congress confers undue discretion upon administrators of government agencies. The author traces the constitutional history relating to legislative and executive powers and discusses the leading decisions of the Supreme Court. He reviews the path of a legislative proposal from its original draft by the Administration through its process in Congress and offers practical recommendations to improve this process and replace indefinite statutory delegations of power with precise legislative policy and guidelines. The volume points the way toward providing standards for the regulation of federal administrative agencies, a definite frame of reference for the courts, and effective overview by Congress.
This volume investigates the constitutional and practical challenges that emerge when Congress delegates excessive discretionary authority to administrative agencies. John L. FitzGerald, drawing upon his expertise in legal and legislative processes, examines the historical tension between legislative and executive branches. He argues that the current practice of indefinite statutory delegation undermines the separation of powers and proposes a framework for more precise legislative policy-making to ensure effective oversight.
What You Will Find
Scope Limits
Legal scholars and political scientists frequently cite this work as a focused examination of the mechanics of legislative delegation. Readers often note the academic density of the prose, which serves as a technical resource for those studying the intersection of constitutional law and administrative practice.
Page Count:
165
Publication Date:
1986-01-01
Publisher:
Praeger
ISBN-10:
0030046343
ISBN-13:
9780030046346
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