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Judicial Review to Agency Interpretation of Statutes

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 46(), pp.319-338
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

Dongsoo Lee 1

1대구가톨릭대학교

Accredited

ABSTRACT

Every agency decision must be anchored in the language of one or more statutes the agency is charged to implement. Every agency-administered statutes contains ambiguities. It is impossible to draft a statute with sufficient precision and foresight to resolve each of the hundreds of issues that are likely to arise during the life of the statutes. Two institutions play major roles in giving meaning to agency-administered. ①In NLRB v. Hearst Publication, 322 U.S. 111(1944), the Court affirmed a decision that agency's construction of statute, it is required to implement muse be a reasonable basis of law. ② In NLRB v. Bell Aerospace, 416 U.S 267(1974), Court ignored the agency's construction of its statutes and substituted the court's independent construction for that of the agency. By the way, The Court announced the abandonment of its traditional treatment of agency constructions of agency-administered statutes in Chevron v. Natural Resources Defense council, 467 U.S. 837(1984). Chevron is one of the most important decision in the history of administrative law. Chevron's presumption regarding the appropriate institutional locale for policy implementation in the face of statutory silence creates significant ambiguity of its own. Specially, it leaves unclear which of the interpretive tools traditionally need by judges to guide their independent judgment about the best construction of statute survives circumscription of the judicial interpretive role.

Citation status

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