Cameron Miranda
Administrative law is a division of law that governs the creation and operation of administrative agencies, which are created to protect the public interest. It covers the organisation, powers, duties, and functions of public authorities and their relationships with citizens and other bodies. Agencies are delegated power by Congress or the state legislature to carry out certain prerogatives and interpret, administer and enforce laws. Rules are created to implement, interpret or prescribe law or policy and are published in the Federal Register and the Code of Federal Regulations. Agencies must abide by their own rules and regulations and cannot act beyond the authority granted to them by Congress.
| Characteristics | Laws |
|---|---|
| Definition | Administrative law is a branch of law governing the creation and operation of administrative agencies. |
| Purpose | Administrative laws are rules or regulations that are promulgated to implement, interpret, or prescribe law or policy. |
| Scope | Administrative law covers the organisation, powers, duties, and functions of public authorities; their relations with one another, citizens, and non-governmental bodies; legal methods of controlling public administration; and the rights and liabilities of officials. |
| Creation | Administrative laws are created by administrative agencies, which are themselves created by Congress or, in the case of state agencies, the state legislature. |
| Enforcement | Administrative laws are enforced by administrative agencies, which have the power to interpret, administer, and enforce the laws. |
| Judicial Review | Administrative law decisions may be reviewed by courts of general jurisdiction under principles of judicial review based on due process or fundamental justice. |
| Rulemaking | Rulemaking is the process used by administrative agencies to create, amend, or repeal rules. It involves publishing proposed rules, considering public comments, and publishing final rules. |
| Adjudication | Administrative law judges adjudicate claims or disputes involving the agency, acting as impartial triers of fact and law. |
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What You'll Learn
Administrative law and public law
There is no universally accepted definition of administrative law. However, it can be understood as the branch of law governing the creation and operation of administrative agencies. Administrative law is a division of public law, and it covers the organisation, powers, duties, and functions of public authorities of all kinds engaged in administration. It also covers their relations with one another, with citizens, and with non-governmental bodies.
In the context of federal administrative law in the US, the terms "rules" and "regulations" are used interchangeably. Federal agencies are created by Congress to carry out law and policy. These agencies provide detailed rules and guidance to clarify and execute statutes. Agencies cannot act unless Congress has delegated authority to them and must not act beyond that authority.
The process of rulemaking is used by federal agencies to create, amend, or repeal rules. Congress grants rulemaking authority to federal agencies to implement legislative statutes. The Administrative Procedure Act (APA) is a major source of federal administrative agency law, providing standards for rulemaking, adjudications, and rulemaking in general terms.
In Europe, administrative law has been influenced by supranational legal orders, leading to changes in traditional concepts and the development of a supranational public administration in sectors such as the environment and education.
In civil law countries, including France, Brazil, and Germany, specialised administrative courts review decisions of administrative law bodies. In France, there is a dual jurisdictional system with a separate administrative branch for cases involving government institutions. German administrative law includes all law governing the legal relationships between public authorities and private persons.
Administrative law in common law countries, such as the US, has developed procedures for judicial review that limit the reviewability of decisions made by administrative law bodies.
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Administrative law and the constitution
Administrative law is a branch of law that governs the creation and operation of administrative agencies and their functions. It is a division of law that oversees the activities of executive branch agencies of the government. It includes executive branch rulemaking, adjudication, and the enforcement of laws. Administrative law is considered a branch of public law. It deals with the decision-making of administrative units of the government that are part of the executive branch in areas such as international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport.
The powers granted to administrative agencies are particularly important, along with the substantive rules that such agencies make, and the legal relationships between agencies, other government bodies, and the public at large. Agencies are created through their own organic statutes, which establish new laws, and in doing so, create the respective agencies to interpret, administer, and enforce those new laws. Generally, administrative agencies are created to protect a public interest rather than to vindicate private rights.
Administrative law is to a large extent complemented by constitutional law, and the line between them is hard to draw. The organization of a national legislature, the structure of the courts, the characteristics of a cabinet, and the role of the head of state are generally regarded as matters of constitutional law. On the other hand, the substantive and procedural provisions relating to central and local governments and judicial review of administration are reckoned matters of administrative law.
In the United States, administrative law encompasses statutes, regulations, judicial precedents, and executive orders that together form a body of law defining the powers and responsibilities held by administrative agencies of the government, including executive departments and independent agencies. Many federal agencies have quasi-legislative authority to issue rules. Statutes specify the scope of an agency's rulemaking authority, procedures that must be followed to promulgate rules, and the agency's enforcement authority. Many federal agencies also have the power to adjudicate, typically to rule on applications for some benefit or license, or to enforce laws within their specific areas of delegated power.
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Administrative law and rulemaking
Administrative law is a branch of law that governs the creation and operation of administrative agencies. It deals with the decision-making of administrative units of the government, which are part of the executive branch, in areas such as international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport. Administrative law is considered a branch of public law and is largely complemented by constitutional law.
There is no universally accepted definition of administrative law, but it can be understood to cover the organisation, powers, duties, and functions of public authorities of all kinds engaged in administration; their relations with one another, with citizens, and with non-governmental bodies; legal methods of controlling public administration; and the rights and liabilities of officials.
The law relating to public health, education, housing, and other public services could be regarded as part of the corpus of administrative law, but because of its bulk, it is usually considered ancillary. One of the principal objects of administrative law is to ensure efficient, economical, and just administration.
Administrative law includes executive branch rulemaking, adjudication, and the enforcement of laws. Agencies are delegated power by Congress (or in the case of a state agency, the state legislature) to take on the responsibility for carrying out certain prerogatives from Congress. Agencies are created through their own organic statutes, which establish new laws, and in doing so, create the respective agencies to interpret, administer, and enforce those laws.
Rules are promulgated to implement, interpret, or prescribe law or policy. The terms "rules" and "regulations" are used interchangeably in the context of federal administrative law. Rulemaking is the process used by federal agencies in creating, amending, or repealing rules. Congress grants rulemaking authority to federal agencies in order to implement legislative statutes. Agencies provide the detailed rules and guidance needed to clarify and properly execute statutes. Agencies cannot act unless Congress has delegated the authority for them to do so and must not act beyond that authority.
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Administrative law and adjudication
Administrative law is a branch of law that governs the activities of the executive branch agencies of the government. It includes executive branch rulemaking, adjudication, and the enforcement of laws. It deals with the decision-making of administrative units of the government that are part of the executive branch in areas such as international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport.
There is no universally accepted definition of administrative law, but it can be understood as covering the organisation, powers, duties, and functions of public authorities. It also covers their relations with each other, with citizens, and with non-governmental bodies. Administrative law is complemented by constitutional law, and the line between them is often blurred.
The law relating to public health, education, housing, and other public services can be considered part of the administrative law corpus. However, due to its size, it is usually considered ancillary. Administrative law aims to ensure efficient, economical, and just administration.
Adjudication is a term used to describe any agency process that results in a final disposition that is not a "rule". It is often used more narrowly to describe a decision made by government officials through an administrative process to resolve a claim or dispute between a private party and the government or between two private parties arising from a government program. Federal agencies adjudicate many matters, from applications for benefits, licenses, and grants to the imposition of sanctions on individuals and businesses for violating the law.
Administrative law judges (ALJs) are designated agency employees who act as impartial triers of fact and decision-makers in adjudicatory proceedings. They conduct formal hearings, giving all interested parties advance notice, the opportunity to submit facts and arguments, and the chance to be accompanied by counsel or other representatives. ALJs are appointed for life and are not subject to the supervision or direction of any officer, employee, or agent engaged in the performance of investigative or prosecuting functions for the Bureau. They have the power to issue subpoenas and protective orders, take depositions, and admit relevant, material, and reliable evidence in administrative hearings.
To ensure fair hearings, it is critical that administrative law judges are free from bias. Holding a financial stake in the outcome of a decision or demonstrating personal animus toward one of the parties will disqualify an ALJ from participating in an adjudication.
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Administrative law and judicial review
Administrative law is a branch of law that governs the activities of executive branch agencies of government. It includes executive branch rulemaking, adjudication, and the enforcement of laws. It deals with the decision-making of administrative units of government that are part of the executive branch in areas such as international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport.
There is no universally accepted definition of administrative law, but it may be understood as covering the organisation, powers, duties, and functions of public authorities of all kinds engaged in administration; their relations with one another, with citizens, and with non-governmental bodies; legal methods of controlling public administration; and the rights and liabilities of officials.
The law relating to public health, education, housing, and other public services could be regarded as part of administrative law. However, because of its bulk, it is usually considered ancillary. One of the principal objects of administrative law is to ensure efficient, economical, and just administration.
In Italy, administrative law is known as Diritto amministrativo, a branch of public law whose rules govern the organisation of public administration and the activities of the pursuit of the public interest of the public administration and the relationship between this and the citizens. In Germany, administrative law defines all aspects of public administration in the modern German state, whose legal culture emphasises private persons' subjective rights.
Judicial review is a process under which a government's executive, legislative, or administrative actions are subject to review by the judiciary. In a judicial review, a court may invalidate laws, acts, or governmental actions that are incompatible with a higher authority. For example, an executive decision may be invalidated for being unlawful, or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers—the power of the judiciary to supervise (judicial supervision) the legislative and executive branches when they exceed their authority.
The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. The judiciary in the United States has been described as having unusually strong powers of judicial review from a comparative perspective. In the United States, judicial review is considered a key check on the powers of the other two branches of government by the judiciary. In the United Kingdom, judges do not have the power to strike down primary legislation.
Judicial review has been recognised as a necessary and basic requirement for the construction of an advanced civilisation to safeguard the liberty and rights of citizens. In India, judicial review is an essential component of the rule of law, and the power of judicial review is significantly vested upon the High Courts and the Supreme Court of India.
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Frequently asked questions
Administrative rules, also known as regulations, are created by administrative agencies to interpret, implement, or prescribe laws or policies. These agencies are created by Congress to carry out laws and policies.
Laws are created by legislative bodies, whereas administrative rules are created by administrative agencies. Laws are broad in scope, while administrative rules are much more detailed and targeted towards specific groups or actions.
Administrative law is a branch of law that governs the creation and operation of administrative agencies and their powers, duties, functions, and relationships with citizens and other government bodies. It also includes the review of decisions made by these agencies.
