The Birth of a Legal Doctrine in the Administrative State

Abstract

The birth of a legal doctrine often begins when an academician associated with the legal academy has an idea on how to improve the administrative state and publishes it in a journal; a colleague reads it and elaborates on its content. With the passage of time other academicians might endorse the concept. In the the meantime the doctrine is promoted by teaching it in law schools, the birthplace of judges who then occasionally endorse it in one of their subsequent legal proceedings. This article sets forth the impact of the aforementioned actions when neither the legislative or executive branches of government are involved on a continuous basis.

Keywords: administrative state; legal doctrine