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  2. Bureaucratic drift - Wikipedia

    en.wikipedia.org/wiki/Bureaucratic_drift

    Bureaucratic agencies are often structured so that legislators and their staffers have the opportunity to easily monitor bureaucratic activity. [8] While some scholars believe that structural organization can help lessen bureaucratic drift, [9] other scholars have found that this approach can backfire. [8]

  3. Legal process (jurisprudence) - Wikipedia

    en.wikipedia.org/wiki/Legal_process_(jurisprudence)

    "Institutional Settlement." As the name suggests, the legal process school was deeply interested in the processes by which law is made, and particularly in a federal system, how authority to answer various questions is distributed vertically (as between state and federal governments) and horizontally (as between branches of government) and how this impacts on the legitimacy of decisions.

  4. Judicial review in the United States - Wikipedia

    en.wikipedia.org/wiki/Judicial_review_in_the...

    So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the Court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the Court must determine which of these conflicting rules governs the ...

  5. Rational basis review - Wikipedia

    en.wikipedia.org/wiki/Rational_basis_review

    The concept of rational basis review can be traced to an influential 1893 article, "The Origin and Scope of American Constitutional Law", by Harvard law professor James Bradley Thayer. Thayer argued that statutes should be invalidated only if their unconstitutionality is "so clear that it is not open to rational question". [ 12 ]

  6. Humphrey's Executor v. United States - Wikipedia

    en.wikipedia.org/wiki/Humphrey's_Executor_v...

    Humphrey's was distinguished in Seila Law LLC v. Consumer Financial Protection Bureau (2020) [ 4 ] in which Chief Justice Roberts narrowly construed Humphrey's [ 5 ] to stand for the proposition that the President's removal power may be constrained by Congress if the officer in question was a member of an agency that shared the same ...

  7. Administrative discretion - Wikipedia

    en.wikipedia.org/wiki/Administrative_discretion

    Administrative law can help these agencies get on the path of following regulations, serve the public, and in turn, a reflection of the public's values and beliefs. There is a need for administrative law because the interest of public could be at risk if various agencies were not following laws and regulations.

  8. Bureaucracy - Wikipedia

    en.wikipedia.org/wiki/Bureaucracy

    Bureaucracy (/ b j ʊəˈr ɒ k r ə s i /; bure-OK-rə-see) is a system of organization where decisions are made by a body of non-elected officials. [1] Historically, a bureaucracy was a government administration managed by departments staffed with non-elected officials. [2]

  9. Standard of review - Wikipedia

    en.wikipedia.org/wiki/Standard_of_review

    Questions of constitutionality are considered a type of question of law, and thus appellate courts always review lower court decisions that address constitutional issues de novo. However, the term "standard of review" has an additional meaning in the context of reviewing a law for its constitutionality, which concerns how much deference the ...