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LAWS 2502 (7)
Chapter 5

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LAWS 2502
Nikola Milanovic

Law State CitizenChapter 5Substantive ReviewASubstantive ReviewIntroductionSubstantive review is judicial review of the nonprocedural aspects of an administrative decisionWhile procedural review is concerned with impartiality independence and allowing a fair opportunity to be heard substantive review is concerned more with whether the content of the decision was what the statute intendedThe approach that prevailed until the early 1970s might be called classical substantive reviewThe approach that has evolved since then will be called modern substantive reviewThere is still much overlapClassical Substantive ReviewClassical review was based on a general theoretical distinction between review and judicial appealJudicial review was considered to be limited to judicial interpretation of questions of jurisdiction and legalityJudicial appeal cannot exist unless a statute expressly creates itHence classical review held that common law substantive review cannot extend to a complete judicial reconsideration of the merits of an administrators decisionClassical subst
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