United States of America
Editors
Giacinto della Cananea, Angela Ferrari Zumbini
Files
Download Full Text
Description
This chapter begins by pointing out the distinctive traits of the US legal system: first and foremost, the Due Process Clause, which is enshrined into the federal Constitution; second, the federal Administrative Procedure Act; third, the settled case law of federal courts, that have extended process rights. The chapter also notes that international legal instruments exert less influence on the US legal framework than they do for European legal systems. At the national level this account considers how statutory consultation requirements (enforced by the courts) and congressional and presidential review requirements regulate and control the rulemaking and decision-making actions of administrative actors. Additionally, the chapter investigates the judicial doctrines that shape administrative discretion in conjunction with due process of law and judicial protection.
ISBN
9780198867616
DOI
10.1093/oso/9780198867616.003.0014
Publication Date
4-10-2025
Book Title
Administrative Rulemaking and Planning in European Laws
First Page
72
Last Page
76
Publisher
Oxford University Press
Keywords
comparative law, European administrative law, American administrative law, due process clause, administrative procedure act, agencies, administrative discretion, judicial review of administration
Disciplines
Administrative Law | Comparative and Foreign Law | Constitutional Law | Law
Recommended Citation
della Cananea, Giacinto and Lubbers, Jeffrey, "United States of America" (2025). Contributions to Books. 358.
https://digitalcommons.wcl.american.edu/facsch_bk_contributions/358