Legislative Review

Описание: Judicial review of public administration in the United States is episodic. It takes place in distinct cases. Individual judicial decisions eventually aggregate into the legal and constitutional doctrines that govern administrative practice.

Legislative review is more continuous and diffuse. It takes place whenever a legislature is in session and deals with the entire range of administrative concerns—budgets, human resources, implementation, organizational design, use of technology, strategic planning, policy choices, reporting, and even the architecture and location of agency buildings, offices, and other facilities.

At the federal level, the constitutional basis for congressional review of administrative activity is crystal clear. The agencies implement legislative mandates with congressionally appropriated funds, often exercising delegated legislative authority. Therefore, Congress has a legitimate role in ensuring that agency actions are in keeping with legislative intent.

It is well established that keeping a watchful eye on the administration of the laws it has enacted is an important function of our National Legislature. The more difficult issue is how Congress can exercise oversight of the agencies without undue micromanagement, causing needless inefficiency, or interfering with principled administrative decision making.