The economic position of womenAcademy of Political Science in the City of New York
History
The economic position of women
Academy of Political Science in the City of New York
Women -- Employment -- United States; Women -- United States -- Economic conditions
cost of administrative supervision should be regarded as legitimate
factors in determining the reasonableness of restrictive measures.
The whole problem of discrimination depends so much upon the varying
conditions of different industries that an intelligent judgment of
what is legitimate and what is arbitrary is possible only upon the
basis of a close study of facts. There ought to be some guaranty that
legislation in this respect shall proceed upon a careful and impartial
survey of all relevant conditions, and in the notorious absence of
such guaranties, the courts may well demand to be convinced that
discriminations are not arbitrary, and that the denial of exemptions
is necessary from an administrative point of view. It is a further
question whether it is possible for the legislature to do full justice
to the varying needs of industries by making direct provision for all
cases, or whether powers of dispensation or permit must not be vested
in administrative authorities. Such powers should not go beyond the
province of what constitutes, properly speaking, administration. As
soon as they assume the character of subsidiary regulations, there
arises a constitutional difficulty in the principle that legislative
powers must not be delegated. A statute of California which left it
to the judgment of the labor commissioner to determine whether the
inhalation of noxious gases could be prevented by the use of some
mechanical contrivance, and if so, to direct its installation, was on
that ground declared unconstitutional.[70] There are also, however,
decisions sustaining the delegation to administrative authorities
of the power to specify standards in pursuance of a general policy
indicated by the legislature.[71] At present it is not clear to what
extent the delegation of powers of regulation can be safely carried,
nor is it probably in accordance with prevailing sentiment that it
should extend to provisions that can be dealt with intelligently and
effectually by legislation.
IV
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