Section 3 Judicial Review of Final Administrative Action Controlled by Article V,

• Library: Administrative Law 2011

Historically, Missouri courts derived their constitutional power to review state administrative action from the inherent power of the judiciary “to say what the law is” and make final determinations of questions of law. SeeMo. Coal. for Env’t v. JointComm. on Admin. Rules, 948 S.W.2d 125, 132 (Mo. banc 1997); Howlett v. Soc. Sec.Comm’n,149 S.W.2d 806, 810 (Mo. banc 1941). When administrative statutes did not specify a procedure for judicial review, Missouri courts reviewed administrative action through extraordinary remedies and common-law actions such as certiorari, quo warranto, mandamus, prohibition, and common-law declaratory judgment actions. See, e.g., State ex inf. Shartel ex rel. City of Sikeston v. Mo. Utils. Co.,53 S.W.2d 394 (Mo. banc 1932) (quo warranto proceeding initiated to determine Missouri Public Service Commission jurisdiction to grant a certificate of public convenience and necessity to electric utility); King v. Priest,206 S.W.2d 547, 551 (Mo. banc 1947) (courts have the right in a proper case to declare administrative rules void independent of...