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NCJ Number: 135002 Find in a Library
Title: Guidelines and the Rule of Law: Claims Under the Accardi Doctrine for Violations of Internal Rules
Journal: American Journal of Criminal Law  Volume:18  Issue:3  Dated:(Summer 1991)  Pages:357-371
Author(s): M B Wilenzick
Date Published: 1991
Page Count: 15
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: This article argues that under the U.S. Supreme Court's ruling in United States ex rel. Accardi v. Shaughnessy (1954), government agency internal guidelines that affect citizens' rights should be followed as well as the agency regulations.
Abstract: The "Accardi" decision requires that government officials follow agency regulations. The Accardi doctrine has since become a foundation for the rule of law that requires governmental agencies to observe their rules even when it is not expedient. Unpublished agency guidelines are not viewed as binding rules under the Accardi doctrine because guidelines do not characteristically have the force and effect of law and suppression is not required to remedy violations of agency rules. Agency guidelines establish uniform governmental policies and purport to establish self-imposed constraints on agency actions. Many departures from agency guidelines are not sufficiently significant to merit external concern. Some guidelines, however, not only set internal policy, but also establish procedural and substantive restraints that protect persons from arbitrary or capricious treatment by government officials. Consistent application of these rules is especially important in cases where the rights of individuals are affected. Such guidelines should be covered under the Accardi doctrine. 63 footnotes
Main Term(s): Regulations compliance
Index Term(s): US Supreme Court decisions
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