It was clearly an important term with important decisions in many areas, including administrative law. The Court`s next pleas will begin in October. We will be on the lookout for new cases relevant to administrative law. Below, we discuss five main trends that emerge from decisions of this term regarding administrative law and the separation of powers: The U.S. Supreme Court and state supreme courts pass legislation that governs the procedures followed in lower courts — both appellate courts and trial courts — in that jurisdiction. These judicial rules, adopted by the courts to facilitate the administration and handling of cases, are generally limited in scope, but may nevertheless confer important rights on the defendant. For example, the rules of expeditious procedure may generally be governed by the Constitution, but very specifically by the decisions of the courts in a particular jurisdiction. Because criminal law has many sources – constitutions, orders, by-laws, case law and common law – it is not necessarily easy to determine whether your behaviour or how the government reacts to your behaviour is lawful. First of all, it is always advisable to know your rights under the Federal Constitution and your state constitution and understand what limits the Constitution sets for legislative orders and prosecutions. Even assuming that the laws have been enacted correctly and that the police have followed due process, it can be difficult to determine if your behavior is prohibited. Because most states now codify their criminal laws by making laws, start there. Next, consider any case law that may interpret these laws. Since courts generally follow precedents due to the doctrine of stare decisis, a red flag is that your conduct may be illegal, that courts have in the past found to be illegal conduct similar to yours.
It is not necessarily easy to interpret the law and apply it to the facts of a case. The facts may be “chaotic”, the law may be less than clear, and not everyone will agree on the appropriate importance of the legislative mandate. Judges therefore rely on several instruments or approaches to interpret the language of a law. LaFave identified several approaches used by judges to interpret the law.  First, judges will examine the clear meaning of the law, using dictionary-like tools to discover the meaning of words. According to the Court in Caminetti v. United States, 242 U.S. 470 (1917), “If the wording is clear and does not give more than one meaning, the obligation to interpret is not felt.” Even in this strictly constructivist approach, judges may still disagree on the clarity of the law`s wording. Moreover, there is a danger with this clear-meaning approach, and the courts will not follow any law, although it seems to be plain language when strict application leads to injustice, oppression or even absurd consequence. SPOILER ALERT: The Supreme Court`s most cited administrative law decision of all time is Chevron. Coming in second place, however, might be a little more surprising: this is the basic permanent decision of the Court Rehnquist Lujan v.
Defender of the Animal World, 504 U.S. 555 (1992). This should further fuel the heated debate over whether the Rehnquist (and Roberts) Court`s signing decision is to revive the permanent requirement of a lawsuit against the government. There are so many fun results presented in the table above. For example, I was a little surprised by the citation numbers and relatively low rankings for Brown & Williamson (134th), Chenery I (115th), Mead (76th), Skidmore (64th) and Vermont Yankee (68th). Even Marbury v. Madison (23rd) seems to be much lower than I would have guessed. All of this may indicate a disconnect between what academics write and what courts and litigants are really interested in. [Add a lot of caveats, including that I focus on the total number of citations (including court records), not the age of the case, using a methodology with many, many limitations, etc.] The benefits of sobering up include efficiency, equality, predictability, wisdom of past experiences, and the image of limited authority.  Effectiveness stems from the fact that not all trial and appellate judges have to find a solution to every legal issue. Equality arises when the rule of law is applied to all people in the same environment.
“Identical cases heard before different judges should, as far as humanly possible, lead to identical results. Stare decisis helps to provide uniform legal standards for similar cases decided in the same state. It provides common ground that is used by all judges throughout the jurisdiction.  Stare decisis provides stability by allowing individuals to rely on legal norms applied in the past. Kerper`s example is the fact that a police officer relies on previous decisions to determine the legality of an imminent arrest. “Regardless of previous decisions, carrying out a variety of activities would take an additional risk of unpredictable legality. Without stability, the law could lose its effectiveness in maintaining social control.  Stare decisis also ensures appropriate recognition of the wisdom and experience of the past. Judge Cardozo noted that “no single judge is likely to have such a clear and broad view” to ensure that his new wise policy ideas are truly the most beneficial to society.  Finally, the stare decisis reinforces the image of the courts as an impartial interpretation of the law.
The term jurisprudence refers to the legislation announced in the opinions of the appeal judges when they decide on the appeal procedure before them. Judicial decisions reflect the Court`s interpretation of constitutions, laws, customary law or by-laws. When the court interprets a law, the law, as well as its interpretation, controls how the law is applied and applied in the future. The same applies when a court interprets federal and state constitutions. When deciding cases and interpreting the law, judges are bound by precedents. Administrative law is the law that governs administrative acts. According to Ivor Jennings, administrative law is administrative law. It shall determine the organisation, powers and tasks of the managing authorities. First, some general policy information: Government agencies have broad discretion to establish and amend policies, provided they follow appropriate procedures. In general, these procedures are defined in the APA, a status that we discuss with great regularity.