A Comparative “Hard Look” at Chevron: What the United Kingdom and Australia Reveal About American Administrative Law

Robert C. Dolehide
Vol. 88, Issue 6
Note appears in Issue 6
88 Texas L. Rev. 1381 (2010)

In this Note, Dolehide explores the differences between American administrative law and that of the United Kingdom and Australia. In American administrative law, courts defer to agencies on questions of law, where judges have expertise, but undertake strict review of policy determinations, where agencies have more expertise. Judges in the United Kingdom and Australia, on the other hand, give no deference to administrative interpretations of law but grant substantial deference on policy decisions. Dolehide suggests that one important factor underlying this dichotomy is that the emergence of the administrative state has generated more significant institutional tensions in the United States than in the parliamentary systems of United Kingdom and Australia. After comparing these distinct systems, Dolehide examines what the comparative analysis suggests about the future of American deference doctrines.

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