Monograph Series · Third series › Part VI Judicial remedies against public power › III-36 · First edition
The Entrance to Administrative Litigation: Dispositions, Refusals, and Omissions
Can a public agency's words or silence be made the subject of a court case?
Volume contents
Abstract
This volume asks whether the words or the silence of a public agency can be made the object of a trial. Legal effect and a statutory duty to respond matter more than the outward form of an act by an agency. The determination of whether an act constitutes a disposition sets the door to relief before the illegality is heard. The path to relief opens where an administrative action constituting a disposition, etc., or an omission involving an application and a statutory duty to make a disposition, is specified, and closes where the act is merely guidance from the agency and thus lacks the character of a disposition, or where there is no statutory duty to make a disposition and thus no omission within the statutory meaning. The six sections address, in turn, action rather than name, the distinction between refusal and discourtesy, the duty where nothing was done, the public-law status of registration, administrative appeal rulings and original dispositions, and the naming of the path. The strongest counterargument is as follows. The more public authority operates through informal means, the more a formal concept of disposition empties relief of substance. The external effect of administrative rules, the investigative powers of agencies, and audits of authority are not addressed in this volume.
Synthetic case
The whole volume follows this invented case. It is not a real matter, and its facts are not legal findings.
Applicant A regards Agency B's reply as a disposition, but the agency asserts that it is merely guidance.
6 sections and their questions
- 01Action Rather Than Name
Is every document issued by an administrative agency a disposition?
19 min - 02Distinguishing Refusal from Discourtesy
Is every failure to receive the desired answer a refusal disposition?
20 min - 03The Duty Where Nothing Was Done
Does a delay in processing immediately constitute an illegal omission?
20 min - 04The Public-Law Status of Registration
Can a registration connected to private rights also be a disposition?
21 min - 05Administrative Appeal Rulings and Original Dispositions
Where an administrative appeal has been pursued, is revocation of the ruling always the relief sought?
21 min - 06Naming the Path
Once the object is determined, which type of action is brought against it?
20 min