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Judicial Control Of Bureaucracy

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Judicial Control of Bureaucracy
The judiciary branch of government is central to administrative law in the United States. “At the federal level, as so in many states, litigation remains a normal rather than extraordinary feature or the administrative process” (Rosenbloom, 2003). Agencies are often sued by individuals and entities that they regulate. Statues and administrative rules are enforced by an agencies use of litigation. In some instances, federal agencies are sued by each other i.e. United States Department of Defense v. Federal Labor Relations Authority (FLRA) which was the result of trying to enforce a petition to order requiring respondents to comply with FLRA order to cease and desist from committing unfair labor practices …show more content…
“Because federal courts have jurisdiction over any case or controversy under the laws or statues of the United States and because all administrative actions are taken pursuant to congressional statute, federal courts have jurisdiction over conflicts arising under federal agencies” (Cann, 2006). Jurisdiction questions usually involve questions pertaining to whether the agency overstepped its jurisdictional authorization. This power is referred to as jurisdiction and it is bestowed on courts by constitutions or by legislatures and remains a method for limiting judicial power. There are several other types of restrictions set in place to limit judicial …show more content…
S. judicial review has at least two meanings. One is the power of a federal court to declare governmental actions unconstitutional. For example, a federal court can declare the entire part or a portion of an act of Congress, executive order, lower court action, agency rule, decision or practice at state or local levels, unconstitutional. Judicial review is not found in the U.S. Constitution. It was established for the courts by the Supreme Court’s 1803 Marbury v. Madison decision and, if the Constitution is to remain the supreme law of the land, it is deemed as necessary. Another meaning of judicial review relates to exactly what the courts will review, when they will and how it will be reviewed. “Article III courts cannot give advisory opinions because, constitutionally, their power is confined to resolving legal cases and controversies” (Rosenbloom, 2003). These cases are genuine when the parties have a confrontational relationship with some considerable concrete interest in the balance, such as liberty or property. The courts have developed several test, over the years, to determine whether a dispute is judicially reviewable, meaning, whether the case or controversy suitable for judicial resolution. The power of the courts of the U.S. to exercise judicial review make them guardians of the constitutional system. Most democracies do not allow such inclusive power to a nonelected

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