Tuesday, May 26, 2020

The Role Of Political System On Administrative Law And...

St. Louis University v Masonic Temple is a classic example that highlights the role of political system in administrative law and judicial decision making. One cannot ignore or underestimate the role politics can play in decision making. The financial routes through which funding programs operate have an underlying political will and motivations and courts give effect to it through favorable decisions. In this case, the city had passed an ordinance to establish the necessary Tax Increment Financing or TIF assistance for the arena and other redevelopment projects. The ordinance expressly stated that the lawmakers believed that St. Louis University (SLU) continues to â€Å"serve as invaluable educational and cultural entities within the area† raising the question of political backing in awarding the TIF only to St. Louis University. If the court ruled against not only St. Louis University but the St. Louis politicians (who expressed an explicit interest in awarding the TIF to SLU), there would have been a major political fallout. Interestingly, courts in such cases tweak and interpret the law to appease both the political entities and the public even in the face of blatant violation of the law. It is pertinent to understand the reasoning behind why courts on multiple occasions decide in favor of churches/religious institutions despite blatant violation of law. 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