On the nondelegation doctrine in the legal tradition of the United States

Abstract

The article deals with application of the nondelegation doctrine in the law order of the United States of America. After the introductory statements, it is the constitutional ground of the nondelegation doctrine that is explored first and then the basic standpoints of the law science regarding the legislative delegation problems are considered. Exploring the origins and development of the nondelegation doctrine has been completed with the analysis of the Supreme Court practice during and after The New Deal period. The author concludes that the revival of the nondelegation doctrine is hardly possible but that simultaneously the idea of nondelegating the legislative powers still lives within a part of the law science and judicial practice.

Keywords

• Nondelegation Doctrine
• Delegation Doctrine
• legislative delegation
• 'intelligible principle' test
• Supreme Court