Cameron Miranda
Statutory laws are written laws enacted by a legislative body, such as Congress or state legislatures. Regulatory or administrative laws, on the other hand, are passed by executive agencies. While statutory laws are created by a legislative body, administrative laws are related to and enforced by an administrative body, such as the U.S. Department of Labor. Administrative agencies serve two major functions: rule-making and adjudication (enforcement). The rules and regulations of administrative agencies are generally published in a register and compiled in a code, such as the Federal Register and the Code of Federal Regulations.
| Characteristics | Statutory Law | Administrative Law |
|---|---|---|
| Passed by | Legislative bodies, e.g., Congress and state legislatures | Executive agencies |
| Nature of the law | General and permanent laws | Rules and regulations |
| Publication | Slip laws, session laws, and codified laws | Register and compiled in a code |
| Example | The Clean Air Act, the Food, Drug and Cosmetic Act | Rules and regulations prohibiting smoking in childcare facilities |
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What You'll Learn
Statutory laws are written laws passed by legislative bodies
A bill is proposed in the legislature and voted upon, and can go through several hearings, edits, and votes before being approved. This process becomes the law's legislative history and is useful when determining a law's foundation and purpose. Once approved by both houses of the legislature, the bill passes to the executive branch, and if signed, becomes a statute. If the executive does not sign the bill, it can be vetoed and returned to the legislature. However, in many cases, if the legislature passes the bill a second time, by a particular margin, it becomes a statute.
Slip laws are individual newly enacted laws, containing a single statute. They are printed after an Act is passed by the legislature and signed by the Governor. They can be public laws, which affect society as a whole, or private laws, which affect an individual, family, or small group. All newly enacted legislation is first published as a slip law. Public laws are then printed by public law number in the United States Code Congressional and Administrative News.
Session laws are the official compilations of slip laws of each session of Congress and are published in the United States Statues at Large. Both public and private laws are printed in the Statutes at Large.
Statutory laws are different from administrative laws, which are passed by executive agencies. These agencies are granted power by Congress to carry out certain prerogatives, and they create and enforce various rules and regulations to interpret and administer these laws.
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Administrative laws are passed by executive agencies
Statutory laws are written laws enacted by a legislative body, such as Congress, state legislatures, or assemblies. These laws are created by legislative bodies and are often called Acts. They are created to address social, health, or economic needs or problems.
Regulatory or administrative laws, on the other hand, are passed by executive agencies. These laws are created by an office or agency of the state under authority granted by the legislature. They have the same force and effect as statutory laws but focus on the rules and regulations that interpret the requirements of an office or agency. For example, a state's smoke-free law may prohibit smoking in childcare facilities, while the state's administrative agency may also pass rules prohibiting smoking in childcare facilities as part of its licensing requirements.
The process of creating administrative laws begins with a bill proposed in the legislature, which is then voted on. This bill can go through several hearings, edits, and votes before being approved. Once it is approved by both houses of the legislature, it passes to the executive branch. If signed, it becomes a law. If not, it can be vetoed and returned to the legislature. However, if the legislature passes the bill a second time by a certain margin, it can still become a law.
The rules and regulations of administrative agencies are generally published in a register and compiled in a code. For instance, federal materials are published in the Federal Register (F.R.) and the Code of Federal Regulations (C.F.R.). These laws are also known as ""slip laws"" and are printed after an Act is passed by the legislature and signed by the Governor.
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Agencies are created through their own organic statutes
Statutory laws are written laws enacted by a legislative body, such as Congress or state legislatures. They are created by legislative bodies and are considered general and permanent laws. They are passed by legislative bodies, such as Congress and state legislatures, and are published as slip laws, which are individual newly enacted laws. Each slip law contains a single statute, which can be either a public law affecting society as a whole or a private law impacting an individual, family, or small group.
On the other hand, administrative laws are created by executive agencies. They are granted authority by the legislature to create these laws, which consist of rules and regulations that interpret the requirements of an office or agency. These laws have the same force and effect as statutory laws but differ in their implementation and enforcement processes, penalties, and agents. Administrative agencies have two primary functions: rule-making and adjudication (enforcement). Their rules and regulations are generally published in a register and compiled into a code.
The organic statutes of agencies are often created to address specific needs or problems in society. For example, public health agencies are established through state statutes, which define their missions and core functions while granting them the necessary powers to fulfil their roles effectively. These statutes provide the legal framework for the agency's existence and operations, outlining the scope and limitations of its authority.
Additionally, the organic statutes of agencies can undergo amendments or revisions over time. This allows for flexibility and adaptability in the agency's structure and functions, ensuring that it remains relevant and effective in addressing evolving challenges and societal needs. The process of amending these statutes typically involves legislative review and approval, reinforcing the connection between the legislative branch and the agencies tasked with implementing specific aspects of statutory law.
In summary, agencies are created through their own organic statutes, which are statutory laws enacted by legislative bodies. These organic statutes establish the agency's purpose, responsibilities, and authority, providing the legal basis for its operations. They are subject to legislative oversight and can be modified to ensure the agency's effectiveness in addressing societal issues within its designated domain.
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Agencies are delegated power by Congress to carry out prerogatives
Statutory laws are written laws enacted by a legislative body, such as Congress or state legislatures. They are created by legislative bodies and can be found in two types of publications: compilations of statutes or codified laws. Each slip law contains a single statute, and these are either public laws affecting society as a whole or private laws concerning an individual, family, or small group.
Regulatory or administrative laws, on the other hand, are passed by executive agencies. They are created by an office or agency of the state under authority granted by the legislature. These agencies are delegated power by Congress to carry out prerogatives and serve two major functions: rule-making and adjudication (or enforcement). The rules and regulations of these agencies and executive documents are published in a register and compiled in a code. For example, federal materials are published in the Federal Register (F.R.) and the Code of Federal Regulations (C.F.R.).
While statutory and administrative laws differ in their creation and implementation, they often work together. For example, federal regulatory agencies, such as the FDA, publish "guidance documents" to help define standards or expectations that are part of a rule or regulation. These agencies are empowered to enforce Acts passed by Congress, such as the Clean Air Act or the Food, Drug and Cosmetic Act, by adopting implementing regulations.
Additionally, both types of laws can regulate the same conduct within a state. For instance, a state's smoke-free law might prohibit smoking in childcare facilities, while the state's administrative agency might also pass regulations prohibiting smoking in childcare facilities as part of licensing requirements. In this case, the statutory and administrative code requirements are similar and equally legally binding, but the enforcement processes, penalties, and agents may vary.
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Federal laws are at the top of the law hierarchy
In the US legal system, there is a hierarchy of laws, with the Constitution at the top, followed by statutes, administrative regulations, and case law. Federal laws are at the pinnacle of this hierarchy, and they are the supreme laws of the land. The US Constitution is the foundation of the nation's legal system and outlines the core values of its people. Federal laws are enacted by Congress, which is the legislative body of the federal government, and they apply nationwide.
Federal laws encompass a range of areas, including criminal law, civil law, and regulatory law. They cover matters such as interstate commerce, national defence, immigration, and civil rights. One example of a federal law is the Civil Rights Act of 1964, which prohibits discrimination based on race, colour, religion, sex, or national origin. Another example is the USA PATRIOT Act, enacted in response to the September 11 terrorist attacks, which enhanced the government's surveillance and investigative powers.
The US Constitution grants Congress the power to make laws that are necessary and proper for carrying out its enumerated powers. Federal laws can be enacted through bills passed by both houses of Congress and signed by the President. These laws are then published in the United States Code, which is a compilation of all general and permanent laws. Additionally, federal laws can also be created through regulations promulgated by federal agencies, such as the Environmental Protection Agency or the Department of Homeland Security.
The US Constitution also establishes the federal court system, which includes the Supreme Court, the Circuit Courts of Appeals, and the District Courts. These courts play a crucial role in interpreting and applying federal laws. They hear cases that involve violations of federal laws, constitutional challenges, and disputes between states. The Supreme Court, as the highest court in the land, has the final say on the constitutionality of federal laws and can strike down laws that it deems unconstitutional.
While federal laws take precedence over state laws, it's important to note that states also have their own constitutions and laws. In the dual sovereign system of American federalism, states possess plenary power over areas not specifically granted to the federal government. State laws can vary significantly from state to state, and they often supplement federal laws in areas where both have jurisdiction. However, federal law always prevails in cases of conflict between federal and state laws.
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Frequently asked questions
Statutory laws are written laws enacted by a legislative body, such as Congress or a state legislature. They are found in two types of publications: compilations of statutes or codified laws.
Administrative laws are passed by executive agencies. They are created by an office or agency of the state under authority granted by the legislature. They serve two major functions: rule-making and adjudication (or enforcement).
Statutory laws are created by a legislative body, whereas administrative laws are related to and enforced by an administrative body.
Federal regulatory agencies, such as the FDA, publish "guidance documents" to define standards or expectations that are part of a rule or regulation. For example, a state's administrative agency might pass rules prohibiting smoking in childcare facilities as part of its licensing requirements.
