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Economics

The Doctrine of Exhaustion of Remedies in Administrative Law

Quick fact

In the United States, the doctrine of exhaustion of remedies is a court-made rule that requires a party to complete the administrative appeals process (including any internal review) before seeking judicial review. This requirement derives from the principle that agencies should have the first opportunity to correct their own errors, and it also prevents premature litigation. However, courts have recognized important exceptions, such as when the agency action is clearly unlawful, when exhaustion would be futile, or when the agency has acted beyond its jurisdiction.

Why this is interesting

Imagine you have a dispute with a government agency—perhaps your license is denied or a fine is imposed. You might think you can immediately sue, but administrative law often forces you to climb a ladder of internal appeals first. Why does the law make you jump through hoops before letting you see a judge?