Assess Judicial Control of Administrative Agencies
For this assignment, to assure efficient and fair administration of services, several mechanisms are in place to control and monitor the manner in which agencies operate. Assess the existence and effects of judicial control on administrative agencies.
Be certain to address the following:
• Appraise how courts act as a control of administrative agencies.
• Explain judicial review as it relates to administrative agencies.
• Verify the interests that are and are not protected by due process.
• Interpret differences between the procedural and substantive due process.
• Evaluate the barriers to judicial review.
Sample Solution
Judicial control of administrative agencies is an important element in ensuring that these entities remain accountable and operate within the scope of their powers. Courts play a vital role in keeping these agencies in check by providing oversight through judicial review.
Judicial review acts as a form of checks and balances wherein courts are able to assess whether or not an agency’s actions align with the laws, regulations, or constitutional standards set forth by the government (Cheeseman 2019). This process can involve several legal mechanisms such as overturning decisions, mandamus action which orders an agency to take certain action, injunction which prevents an agency from taking certain actions (Grossman et al., 2016). Additionally, courts may also provide guidance on how policies should be interpreted allowing for better clarity regarding their enforcement.
Overall, this system helps to ensure that administrative bodies are held to account for any unlawful or irrational decision-making processes. It also allows citizens to challenge unreasonable policies — if deemed necessary — thus preventing them from being abused or misused by those in power. Therefore, judicial control remains a key factor associated with maintaining proper accountability among administrative agencies.
