The Non Delegation Doctrine ( Administrative Law )

1358 Words6 Pages
To start off, one must explain what a full Democracy entails. The Greek word meaning demo means citizen while kratos means ruled, therefore, the full meaning of democracy is ruled by the citizen(s). With that being said, a complete democracy would entail citizens directly voting on every piece of legislation. When citizens can partly vote of legislation and/or they vote in representatives to represent their interest, it is no longer a pure democracy but rather a democratic republic. A bureaucracy is not consistent with a democratic republic in one regard: the citizen did not vote to elect him/her into employment within the government. On the contrary, the citizens did have a right to vote the representatives that chose to delegate tasks to an agency, which brings me to my next point: the Non-Delegation Doctrine (Administrative Law book). The Non-Delegation Doctrine is a strict ideological belief system that entails that elected officials cannot delegate powers to non-elected officials, thereby making the creation any sort of bureaucratic agency not possible. In a 1928 Supreme Court case named “J. W. Hampton, Jr. & Co. v. United States” (Administrative Law book)”. The Supreme Court decided that elected officials cannot delegate power to an unelected source unless they provide an intelligible principle to regulate by. Even with the Supreme Court upholding the characteristics of the decision of the 1928 Supreme Court case, in an absolute, pure Democracy, a bureaucratic agency
Get Access