Abstract:
American administrative law poses difficult theoretical problems in a democracy; theories of the administrative process continue to change over time. Professor Bruff’s article identifies and explores an emerging theory that rests upon a dichotomy between legislative formality and administrative rationality. Bruff examines recent Supreme Court decisions, including the landmark legislative veto case INS v. Chadha, and articulates a rationale for the emerging emphasis on formality. Bruff endorses the goals underlying the new approach and offers some prescriptions to aid their realization.