Prior approval works best when after-the-fact checks would be unjust or inadequate

Evidence

The prerequisite makes its greatest contribution in the situations in which self-application of a needed regulation subject to an after check would either be unjust to the people regulated, because of the difficulty of making the application accurately, or inadequate to protect an urgent public interest. — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 762

Categorization

• XREF: connects to: Prior checking before activity enables preventive rather than retrospective justice — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 753; Licensing schemes serve several distinct ends beyond mere revenue collection — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 757; Postrequisites validate acts after performance instead of requiring prior approval — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 782 (+2 more)

Broader Connections

• Prior-approval systems fail when they cannot be reduced to simple routine #qualifies (0.85) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 772