[a] new constitutional settlement that makes use of judicial power … to use the rule of law in resolving the conflicts that will arise between the citizen and the state in the newly developed fields of administrativelegal activity upon which the quality of life in the society of the twentieth century already depends.

But first, let me define what a constitutional resettlement of power may involve. It would not be merely an improvement in the procedures of judicial review. It would interpose the courts (or the judiciary, for I use the terms interchangeably) to control the exercise of some administrative powers, with jurisdiction to set right decisions affecting the interests of citizens which the courts think are wrong decisions, or not the preferable decisions in the circumstances of particular cases. The courts would have the power to substitute their own decisions for the decisions of the administrators.