ABSTRACT

This chapter talks about the essence of Administrative Law: Rethinking Judicial Control of Bureaucracy by Christopher F. Edley, Jr. Edley devotes the first half of his book to describing and criticizing the "structure" of contemporary administrative law. The structure consists of a "trichotomy of paradigmatic decision making methods" that forms "the underlying framework both for calibrating the degree of judicial deference to be accorded agency action and for normative prescriptions about administrative procedure". The trichotomy's conceptual problems are of two types. First, the categories are intertwined to such an extent that it becomes almost impossible to police the boundaries among them. The second conceptual failing of the trichotomy is the "attributive duality" of its three models: adjudicatory fairness, politics, and scientific expertise. In his search for the deep structure of the law of judicial review, Edley quite conventionally looks to the language of judicial opinions in cases reviewing agency doings.