and the ways in which the agency adjudication process may make up for the inherent deficiencies in rules. What are those deficiencies in Schuck's view? What are the advantages of adjudication? What are its disadvantages?
and the ways in which the agency adjudication process may make up for the inherent deficiencies in rules. What are those deficiencies in Schuck's view? What are the advantages of adjudication? What are its disadvantages?
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Transcribed Image Text:Discuss the difference between rules and equity
and the ways in which the agency adjudication
process may make up for the inherent deficiencies
in rules. What are those deficiencies in Schuck's
view? What are the advantages of adjudication?
What are its disadvantages?
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Step 1
Rules are kind of set of guidelines that have to be followed while making choices. They impose obligations on the adjudicator to keep them in consonance. Equity, on the other hand, deals with areas where laws cannot be applied. That means it is more of listening to the conscience to make decisions where there are no blacks and whites but grey areas exist where no firm law/rule can be applied.
There are some lacunae in rule following process. They can be removed following simple methods like clear demarcation of standards, defining the terms in a more lucid manner, providing precautionary principles that should be followed as alternatives etc.
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