The Principle of Separation of Powers in Its Application to the Administrative E
The Principle of Separation of Powers in Its Application to the Administrative E
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Thomas Reed Powell.
Columbia University.
' Monongahela Bridge Company v. United States, 216 U. S. 177 (1910). In this case Mr. Justice Harlan declared: " It was not for the jury to weigh the evidence and determine, according to their judgment, as to what the necessities of navigation required, or whether the bridge was an unreasonable obstruction. The jury might have differed from the secretary. That was immaterial; for Congress intended by its legislation to give the same force and effect to t...he decision of the secretary of war that would have been accorded to direct action by it upon the subject. " The func- tion of the court was held to be limited to ascertaining whether the executive officers conform their action to the mode prescribed by Congress.
Though the courts are often deaf to the plea that the administrative decision is erronef)us, they will always entertain a complaint as to the ]irocedure by which that decision was reached. Chin How v. United States, 208 U. S. 8 (1908). Cf.
What to read after The Principle of Separation of Powers in Its Application to the Administrative E?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Reed Powell to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
Thomas Reed Powell.
Columbia University.
' Monongahela Bridge Company v. United States, 216 U. S. 177 (1910). In this case Mr. Justice Harlan declared: " It was not for the jury to weigh the evidence and determine, according to their judgment, as to what the necessities of navigation required, or whether the bridge was an unreasonable obstruction. The jury might have differed from the secretary. That was immaterial; for Congress intended by its legislation to give the same force and effect to t...he decision of the secretary of war that would have been accorded to direct action by it upon the subject. " The func- tion of the court was held to be limited to ascertaining whether the executive officers conform their action to the mode prescribed by Congress.
Though the courts are often deaf to the plea that the administrative decision is erronef)us, they will always entertain a complaint as to the ]irocedure by which that decision was reached. Chin How v. United States, 208 U. S. 8 (1908). Cf.
What to read after The Principle of Separation of Powers in Its Application to the Administrative E?
You can find similar books in the "Read Also" column, or choose other free books by Thomas Reed Powell to read onlineMoreLess
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