@article{2026:rem:the_german,
title = {The German Doctrine of Normative Authorisation as an Inspiration for US Administrative Law after Loper Bright},
year = {2026},
note = {In the summer of 2024, the United States (US) Supreme Court overruled
the decades-old Chevron doctrine in Loper Bright. In doing so, it
redefined judicial review of discretionary decisions by administrative
agencies. This is particularly relevant in the area of executive
rulemaking. For some, the decision was considered as the beginning of
the long-awaited decline of the administrative state. Others mourn the
end of Chevron. For some, the decision marks a disruption in
administrative law. Others see continuity rather than a shift in the
allocation of powers. Further developments remain unclear. This
article describes the developments and possible consequences of the
landmark decision. It contributes to the growing literature by putting
it in the context with German administrative law, namely the doctrine
of normative authorisation. The German doctrine can be an inspiration
for navigating the unclear developments in this area of US
administrative law after Loper Bright.},
journal = {Zeitschrift für ausländisches öffentliches Recht und Völkerrecht / Heidelberg Journal of International Law},
pages = {947--982},
author = {Remé, Johann},
volume = {86},
number = {3}
}