Legal philosophy and judicial review of agency statutory interpretation

Authors
Citation
Jg. Osborn, Legal philosophy and judicial review of agency statutory interpretation, HARV J LEG, 36(1), 1999, pp. 115-159
Citations number
84
Categorie Soggetti
Law
Journal title
HARVARD JOURNAL ON LEGISLATION
ISSN journal
0017808X → ACNP
Volume
36
Issue
1
Year of publication
1999
Pages
115 - 159
Database
ISI
SICI code
0017-808X(199924)36:1<115:LPAJRO>2.0.ZU;2-4
Abstract
In response to the increasing complexity of our federal government, Congres s has shifted much of its authority for policy development and implementati on to administrative agencies. In 1984, the Supreme Court defined the const raints surrounding the power of these agencies to interpret and implement s tatutes when it handed down its decision in Chevron, U.S.A., Inc. v. Natura l Resources Defense Council, Inc.. Thus, a complete analysis of Chevron is essential in understanding the balance of power within the federal system. In this Comment, John Osborn argues that previous attempts have failed to f ully explain the motivations behind this landmark decision. Osborn approach es Chevron from a legal philosophical perspective and concludes that while past decisions concerning agency statutory interpretation reflected the leg al community's vacillation between legal positivism and natural law Chevron signals a judicial move toward positivism.