What are judicial review and the doctrine of precedent in administrative law?
Judicial review and the doctrine of precedent are two fundamental principles of administrative law in Nebraska. Judicial review is the power of the courts to review the decisions of administrative agencies and determine if they are lawful. A court may determine that an agency decision is unlawful if it is arbitrary or capricious, an abuse of discretion, or not supported by the facts. Judicial review ensures that administrative agencies act within the scope of their authority. The doctrine of precedent is a principle of administrative law that establishes that prior court decisions serve as a source of law and guidance to future decisions. This means that when courts make decisions on similar issues, they may use prior court decisions as a guide in making current decisions. This helps to ensure consistency and fairness in the Application of the law. In Nebraska, administrative law is based on these two principles. Judicial review helps guarantee that agencies act within their authority and that their decisions are supported by the facts. The doctrine of precedent helps to ensure consistency and fairness in the application of the law. Together, these concepts help to ensure fairness and accountability in the administration of justice.
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