8 - Administrative Competence and the Chevron Doctrine

Summary

Administrative competence exists because government cannot be done through the articulation of rules alone. It requires expert administrative capacity – not only to execute a set of legislative mandates, but also to articulate what those mandates mean. This capacity transforms expectations such as those for clean water, clean air, and safe workplaces into realizable realities. Such capacity is not amorphous. It must be fit and proper. It must act in accordance with the rule of law. Judicial review of how an agency interprets its statutory framework is important. Done properly it contributes to meaningful accountability by fostering active administrative competence.