Administrative agencies' exercise of legislative and judicial powers is significantly different from the exercise of those powers by the legislature and the courts. Administrative power is limited through such practices as limited statutory delegations of power to agencies, judicial review, legislative oversight, inspectors general, and public hearings. Such checks on administrative power may vary in their effectiveness. How government agencies do things matters. Procedure affects the rights of individuals and organizations, governmental capacity for fact-finding, governmental effectiveness in program implementation, and the government's legitimacy in the eyes of the public.
Discretion is a pervasive concept in administrative law.
Students should appreciate how and why some tasks require more discretion than others and when such discretion is appropriate. Supreme Court and federal appellate cases, as expressions of applicable legal doctrines, have great practical significance for government administrators. B. Knowledge and Understanding 1. During judicial review of administrations, courts apply different tests and standards of review. Courts may scrutinize administrative action for its rationality and may examine the factual basis for administrative decisions.