An Examination of the Tennessee Law of Administrative Procedure

The problem of judicial review, which has been considered in some de-tail, seems a fertile field for reform. Without intending to deprecate the ability and conscientiousness of the judiciary of the state, the continued dominance of administrative procedure by this group will effectively prevent the development of an efficient body of administrative servants to discharge the ever increasing functions which are being delegated to them. Cooperation and mutual respect between the judge and the administrator are the foundation stones upon which any satisfactory system must be con-structed. This requires considerable legislation and an awareness on the part of the judge of the multiform problems which confront administrative agencies. The administrator must recognize his duty to, respect the rights of individuals. This duty is not completely fulfilled if the persons dealt with cannot recognize that justice has been done. There can be improvement both in administrative practices and in judicial responses. Essentially, the problem is the defense of democratic institutions while recognizing the necessity for government supervision. Our society is no longer a simple agrarian one and there are forces too great to be controlled by individual effort. No amount of piety or wit can block this current and no oratory can return us to those simpler days. Our task is to establish a dynamic balance among competing claims, to direct these forces in the manner which will best serve the interests of all the people