The first question is an “issue spotter” and should be less detailed than the second question of each subpart. You must answer all the questions of Part II. The two parts will be given equal weight in the final grade, namely 20 points each. The issue spotter should be no more than one paragraph. For Part II, I anticipate an answer about three to six pages in length (double-spaced, 12-point font). The exam is “open world:” you may draw on any of the materials assigned for the class, and any other materials not assigned for the class, in writing your responses. I do not expect you to go beyond the assigned materials to answer any of these questions. You should not discuss the exam or your answers with anyone else, and if you use any materials beyond those covered in class (under either required or recommended readings) please be sure to provide full citations (or a web link, to e.g., online materials) so that I can see what you relied upon. For works that were on the syllabus, you can use some comprehensible short form, e.g., “Auby, Public Contracts” or basic notation for Administrative Procedure Acts or other statutes, e.g., US APA Section…, VwVfG, etc. If you have any questions concerning the exam, make the best sense you can of the question, and state explicitly the assumptions on which you have premised your answer. PART II: Administrative statutes and courts in various countries around the world have developed different grounds, tests, and standards of review for the evaluation of decisions and acts of public administration. (a) Do you think that there should be different standards of review for general administrative acts, on the one side, and individual administrative acts, on the other? [about one-paragraph response] (b) Two of the most important court decisions in the history of administrative law are Wednesbury and Chevron. i. For what types of cases do the test and standard of review developed in the Wednesbury and Chevron cases apply? [about one-paragraph response] ii. It has become a trend in the last years for courts in various countries around the world to apply the proportionality test as a (meta-)ground of review for all types of cases that appear before them. Do you agree with this trend? What are possible arguments in favor and against using proportionality as a (meta-)ground of review? [about one-page response] iii. You have become a member of the recently established Council of State of Outlandia – which has adopted the French system of administrative courts, as a sign of opposition to the previously applicable common law and common law style of judicial review, as Outlandia used to be until very recently an English colony. The first case in the history of the country appears before you. The President of the Council of State of Outlandia wants all judges of the Council to be prepared for the public hearing and the eventual decision-making process of the historic first case. You receive the following task: “apply the grounds of review under French law to the Chevron case of the US Supreme Court.” By making reference to the most important parts of the Chevron case, replace the legal grounds and standard of review applied by Justice John Paul Stevens in the Chevron judgment with a French-style review based on the four grounds of review of the French law. [use the rest of the space]
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