新政后美国行政法发展的重心流变——《行政法的几个核心问题》评介

Shift of Focuses in American Administrative Law after the New Deal:Comment on Some Crucial Issues in Administrative Law

行政法变化的范围可以通过考证不同历史时期行政法学所要回答的核心问题来印证。新政时期随着行政权的膨胀,美国行政法的核心是统一的行政程序法和司法审查的范围问题。20世纪50年代后,行政调查权与福利国家下的政府给付问题成为新的焦点。随着经济发展的停滞,70年代后,追求更有效率的行政成为社会关注的中心,成本效益分析的运用与谢弗林原则的确立正是对此的回应。

The extent of change in administrative law can be demonstrated by considering the different issues that have been crucial in the field over the years. As to the mushrooming administrative power during the New Deal years, the, crucial issues of American administrative law were whether the federal agencies should be subject to a general administrative -procedure statute and the .proper scope of judicial review. After 1950s, administrative inspection power and the government largess in the Welfare -State became the new crucial issues. As the halt of economic development in 1970s, pursuit for more efficient procedure became focus of the society, and the answer were the cost - benefit analysis and Chevron Doctrine.