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This balance is particularly challenging in cases involving benefits determinations, where individuals may face serious consequences from adverse decisions but agencies must apply consistent standards across thousands or millions of similar cases. Courts must determine when individual circumstances warrant deviation from standard administrative procedures and when consistency and institutional expertise should prevail.
THE INTERSECTION OF LAW AND SOCIAL POLICY
Administrative law disputes often reflect broader disagreements about social policy, the appropriate role of government, and the balance between individual and collective interests. Understanding these underlying policy tensions helps explain why administrative law cases generate such strong reactions and why legal doctrines alone cannot resolve all disputes.
This politicization of deference doctrines undermines their legitimacy and coherence, as similar cases receive different treatment depending on the political orientation of the reviewing court and the policy preferences of the agency. The result can be inconsistent application of legal standards that depends more on politics than law.
The challenge is developing deference doctrines that apply consistently regardless of the substantive policy area or the political preferences of judges and agency officials. This requires focusing on procedural fairness, factual accuracy, and reasoned decision-making rather than policy outcomes.
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