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The Chevron Doctrine

Its Rise and Fall, and the Future of the Administrative State
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( 34 ratings, 9 reviews)
Book Hero Magic crafted this summary to help describe this book. While it's new and still learning, it may not be perfect - your feedback is welcome! Summary
The Chevron Doctrine by Thomas W. Merrill explores the pivotal yet contentious legal principle established by the 1984 Supreme Court decision Chevron v. Natural Resources Defense Council. This doctrine mandates courts to defer to administrative agencies’ reasonable interpretations of ambiguous congressional statutes, reflecting a significant shift in how federal laws are applied by the executive branch. Merrill analyses the historical context, the constitutional debates, and the ongoing challenges posed by increasing executive power and judicial scrutiny. Rather than dismissing the administrative state, he proposes a balanced approach recognising the complementary roles of agencies and courts in policy expertise, public accountability, and upholding constitutional values.
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Format: Hardback
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Book Hero Magic created this recommendation. While it's new and still learning, it may not be perfect - your feedback is welcome! IS THIS YOUR NEXT READ?

This book is ideal for legal scholars, students of constitutional and administrative law, policymakers, and anyone interested in the intersection of law, politics, and governance. It offers a nuanced understanding beneficial to professionals and academics seeking to grasp the complexities of the administrative state and judicial review.

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With Congress paralyzed, lawmaking falls to executive agencies and courts that interpret existing statutes. Due to the so-called Chevron doctrine, courts generally defer to agencies. Thomas Merrill examines the immense consequences of the doctrine and the intense backlash, offering a new way to conceptualize the authority of agencies and courts.

Book Hero Magic formatted this description to make it easier to read. While it's new and still learning, it may not be perfect - your feedback is welcome! Description

A leading expert on the administrative state describes the past, present, and future of the immensely consequential—and equally controversial—legal doctrine that has come to define how Congress's laws are applied by the executive branch.

The Constitution makes Congress the principal federal lawmaker. But for a variety of reasons, including partisan gridlock, Congress increasingly fails to keep up with the challenges facing our society. Power has inevitably shifted to the executive branch agencies that interpret laws already on the books and to the courts that review the agencies' interpretations.

Since the Supreme Court's 1984 decision in Chevron v. Natural Resources Defense Council, this judicial review has been highly deferential: courts must uphold agency interpretations of unclear laws as long as these interpretations are "reasonable." But the Chevron doctrine faces backlash from constitutional scholars and, now, from Supreme Court justices who insist that courts, not administrative agencies, have the authority to say what the law is. Critics of the administrative state also charge that Chevron deference enables unaccountable bureaucratic power.

Thomas Merrill reviews the history and immense consequences of the Chevron doctrine and suggests a way forward. Recognising that Congress cannot help relying on agencies to carry out laws, Merrill rejects the notion of discarding the administrative state. Instead, he focuses on what should be the proper relationship between agencies and courts in interpreting laws, given the strengths and weaknesses of these institutions. Courts are better at enforcing the rule of law and constitutional values; agencies have more policy expertise and receive more public input. And, unlike courts, agencies are subject to at least some political discipline.

The best solution, Merrill suggests, is not of the either-or variety. Neither executive agencies nor courts alone should pick up the slack of our increasingly ineffectual legislature.

Book Hero Magic summarised reviews for this book. While it's new and still learning, it may not be perfect - your feedback is welcome! HOW HAS THIS BEEN REVIEWED?

Praised for its insightful and thorough analysis, Merrill’s book has been described as wise and illuminating by New York Review of Books, highlighting its keen insight into the rise and evolution of the Chevron doctrine. Reviewers from Claremont Review of Books and Congress & the Presidency commend the book as essential reading for administrative lawyers and anyone interested in the theory and practice of lawful governance. The Choice review notes its rich history and thoughtful exploration of judicial and political issues, providing valuable guidance for future decisions.

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Book Details

INFORMATION

ISBN: 9780674260450

Publisher: Harvard University Press

Format: Hardback

Date Published: 01 May 2022

Country: United States

Imprint: Harvard University Press

Illustration: 1 illus.

Audience: Professional and scholarly

DIMENSIONS

Width: 156.0mm

Height: 235.0mm

Weight: 250g

Pages: 368

About the Author

Thomas W. Merrill is the Charles Evans Hughes Professor at Columbia Law School. A former Deputy Solicitor General in the Department of Justice, he is a member of the American Academy of Arts and Sciences and has twice been honored by the American Bar Association for his work on administrative law.

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