THE ADMINISTRATIVE PROCEDURE ACT: FAILURES, SUCCESSES, AND DANGER AHEAD

The Administrative Procedure Act (APA) is a significant statute that serves as the foundation for administrative law. It is considered a superstatute and has quasi-constitutional character. While the standard account of the APA's emergence focuses on its political dimension and its role in preserving the New Deal, this overlooks the statute's internal logic and meaning. The APA was influenced by pre-APA administrative law and the procedures and practices of administrative agencies. The work of the Attorney General's Committee on Administrative Procedure, which examined existing federal administrative agencies, played a crucial role in shaping the APA. This essay examines the provisions of the APA and argues that it has been successful in rulemaking but has failed in adjudication. The goal of the APA was to establish uniform minimum procedures to reform agency practices and provide a framework for the future.