Deference and judicial control: from Chevron to Loper Bright Enterprises. The lessons of American administrative law
The author of this article analyzes American administrative law based on deference and judicial control, understanding that the appearance of these techniques focuses on the conception of the division of powers that has been presented in the scenario of said country. For this purpose, it identifies...
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| Formato: | Artículo revista |
| Lenguaje: | Español |
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Facultad de Derecho y Ciencias Sociales y Políticas, Universidad Nacional del Nordeste
2026
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| Acceso en línea: | https://revistas.unne.edu.ar/index.php/rcd/article/view/9194 |
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| Sumario: | The author of this article analyzes American administrative law based on deference and judicial control, understanding that the appearance of these techniques focuses on the conception of the division of powers that has been presented in the scenario of said country. For this purpose, it identifies the Marbury v. Madison case as the space where the proclamation of the supremacy of the Constitution over government affairs within political discretion takes shape. Then it goes on to analyze the appearance of the agencies as legal-public organizations with special authorization from the Congress of the Union for the clear purposes for which they have been generated. It reaches the moment where it is dedicated, in addition to other related pronouncements, to the analysis of the Chevron ruling through which the possibility is admitted that it is the administration that interprets the legal regulation in situations of ambiguity and reasonableness. Finally, we arrive at the current state in which the Loper Bright Enterprises ruling overturns the deferential position of the courts towards public administration. With the use of hermeneutic and historical techniques, he concludes that the change renews the judicial control established in American judges, although said verdict omits to define the measure of said technique in the face of discretion, having a referential impact on administrative law. Peruvian considering that the deference of judges before the specialized authority does not conflict with the judicial system of the administration. |
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