Hiroshi Okayama, "Judicializing the Administrative State: The Rise of the Independent Regulatory Commissions in the United States, 1883-19"
English | ISBN: 1138306657 | 2019 | 188 pages | PDF | 940 KB
A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States.