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  #51  
Old May 14th 05, 06:55 PM
Peter Duniho
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"Gary Drescher" wrote in message
...
What concerns me most about these threads is that so many pilots are
willing
to believe--on the basis of mere rumors and urban legends--that we
actually
live under a totalitarian system in which a minor administrative authority
routinely and openly operates without even nominal regard for due process,
and is so powerful as to be invulnerable to the judiciary!


IMHO, part of the problem is that the "minor administrative authority" does
"routinely and openly operate without even nominal regard for due process".
That is, they act as though there is no judicial review, and are not
challenged on those actions nearly often enough. They may not actually be
"so powerful as to be invulnerable to the judiciary", but they sure act like
it on a regular basis.

Perhaps another part of the problem is that the judiciary so infrequently
chooses to review decisions made by the "minor administrative authority".
When an administration is permitted to interpret their own rules as they see
fit, and the judiciary makes the assumption that the actions of the
administration are entirely appropriate for their charter to ensure aviation
safety, without regard for their charter to promote aviation, it's easy to
see how some folks might get the wrong idea.

Pete