Nondelegation Canons

University of Chicago Law School, John M. Olin Law & Economics Working Paper No. 82

35 Pages Posted: 15 Sep 1999

See all articles by Cass R. Sunstein

Cass R. Sunstein

Harvard Law School; Harvard University - Harvard Kennedy School (HKS)

Date Written: September 1999

Abstract

Reports of the death of the nondelegation doctrine have been greatly exaggerated. Rather than having been abandoned, the doctrine has merely been renamed and relocated. Its current home consists of a set of nondelegation canons, which forbid executive agencies from making certain decisions on their own. These canons forbid extraterritorial application of national law, intrusions on state sovereignty, decisions harmful to Native Americans, and absolutist approaches to health and safety. The nondelegation canons are far preferable to the old nondelegation doctrine, because they are subject to principled judicial application, and because they do not threaten to unsettle so much of modern government.

Suggested Citation

Sunstein, Cass R., Nondelegation Canons (September 1999). University of Chicago Law School, John M. Olin Law & Economics Working Paper No. 82, Available at SSRN: https://ssrn.com/abstract=179651 or http://dx.doi.org/10.2139/ssrn.179651

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