ABSTRACT
This chapter provides an overview of the main principles and considerations that define contemporary judicial review of public administration. It then focuses on the tools for legislative review of agency activity. Judicial review takes place within federal and state court systems. These generally have a well-defined division of labor among trial courts, appellate courts, and specialized courts. Timing concerns are primarily prudential policy decisions about when judicial review of administrative action should take place. These are embodied in the principles of primary jurisdiction, exhaustion, and finality and doctrines regarding federal judicial deference to state courts. The judicial review establishes the extent of judicial deference to administrators' expertise and their need for flexibility. Administrative law scholars are divided on the question of how deeply the courts should review various administrative activities. Almost everybody agrees that when the constitutional machine moves significantly in one direction or another, administrative law is sure to follow.
