Jump to ContentJump to Main Navigation
Sovereignty's PromiseThe State as Fiduciary$
Users without a subscription are not able to see the full content.

Evan Fox-Decent

Print publication date: 2011

Print ISBN-13: 9780199698318

Published to Oxford Scholarship Online: January 2012

DOI: 10.1093/acprof:oso/9780199698318.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2020. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 23 November 2020

Administrative Law as Solicitude—Reasonable Decision-Making

Administrative Law as Solicitude—Reasonable Decision-Making

(p.202) VIII Administrative Law as Solicitude—Reasonable Decision-Making
Sovereignty's Promise

Evan Fox-Decent

Oxford University Press

In this chapter I claim that the fiduciary model answers a difficult question that arises in hard cases of administrative law in which an individual is subject to a drastic exercise of public power: if the individual has no pre-existing right to the vulnerable interest at stake (such as an interest in continued residence in a state in which she is not a citizen), why should the vulnerable interest figure at all in the balance when a decision-maker is called on to interpret and apply a statutory power? Under the fiduciary theory, the vulnerable interest must figure in the balance because fiduciaries owe solicitude to the people subject to their power. The chapter works out some of the details of this conception of administrative law, and relates them to evolving public law doctrines of judicial deference, review of agency interpretations of law, and review of discretion.

Keywords:   judicial review, common law constitutionalism, statutory interpretation, review of discretion, deference, solicitude, rule of law

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .