Doctrina Chevron: su significado en el derecho estadounidense y su aplicabilidad en la Argentina (Chevron Doctrine: Its Meaning in America and Applicability in Argentina)

11 Pages Posted: 8 Sep 2012  

Daniel R. Ortiz

University of Virginia School of Law

Date Written: 2012

Abstract

This paper in Spanish was published in El Derecho. It discusses the meaning and development of the rule that the United States Supreme Court announced in Chevron U.S.A. Inc. v. Natural Res. Def. Council, Inc., 467 U.S. 837 (1984), and the degree and manner of its adoption by Argentine courts. Although the Argentina Supreme Court has cited Chevron only once and that in a dissent, it has developed in some precedents a very similar type of deference, which the essay describes. American and Argentine administrative law, then, have both adopted Chevron’s principle, if not its name. Faced with a smaller administrative docket, the Argentine courts have not yet developed the doctrine in all its details, but they have so far made the same principle design choices.

Notes: Downloadable document is in Spanish.

Keywords: Chevron, Argentina, administrative law, deference, executive, judicial review, administrative agencies

Suggested Citation

Ortiz, Daniel R., Doctrina Chevron: su significado en el derecho estadounidense y su aplicabilidad en la Argentina (Chevron Doctrine: Its Meaning in America and Applicability in Argentina) (2012). Virginia Public Law and Legal Theory Research Paper No. 2012-51. Available at SSRN: https://ssrn.com/abstract=2141250

Daniel R. Ortiz (Contact Author)

University of Virginia School of Law ( email )

580 Massie Road
Charlottesville, VA 22903
United States
804-924-3127 (Phone)
804-924-7536 (Fax)

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