Keith Mack
Administrative law is a branch of public law that governs the creation and operation of administrative agencies. It encompasses the substantive and procedural provisions relating to central and local governments and judicial review of administration. The powers granted to administrative agencies are particularly important, along with the rules they make and the legal relationships between agencies, other government bodies, and the public. The development of administrative law can be traced back to the 1840s and 1850s when some US states attempted to regulate railroads by passing laws to govern their management, control, and operation. However, the formal creation of administrative law is often associated with the enactment of the Administrative Procedure Act (APA) in 1946, which established fair administrative law procedures and outlined the process for federal agencies to propose and make rules and regulations.
| Characteristics | Values |
|---|---|
| Date of creation | 1946 |
| Reason for creation | Rapid creation of new independent agencies in the early 20th century |
| Governing body | Congress |
| Purpose | To establish fair administrative law procedures and ensure uniformity and openness in the procedures used by federal agencies |
| Scope | Federal agencies |
| Applicable laws | Administrative Procedure Act (APA) |
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What You'll Learn
Administrative law's historical development
The development of administrative law can be traced back to the 1840s and 1850s, when some US states attempted to regulate the management, control, and operation of railroads by passing laws. However, these laws were largely ineffective due to the lawmakers' lack of specialised knowledge. As a result, administrative agencies, or commissions, were established to investigate and draft legislation for the railroads.
In the early 20th century, the rapid creation of new independent agencies led to the enactment of the Administrative Procedure Act (APA) in 1946 by Congress to establish fair administrative law procedures and address concerns about administrative law. The APA outlines the processes by which federal agencies can propose and make rules and regulations, ensuring uniformity and openness in their procedures.
Administrative law is a branch of public law that governs the regulation of government agencies at the federal and state levels. It sets out the procedures under which agencies operate, including their scope of authority and rule-making processes. Administrative law is of constitutional, political, and juridical importance, as it deals with the exercise of power by the executive arm of government.
Over the last 50 years, administrative law in civil law tradition countries has been influenced by supranational legal orders, leading to changes in traditional concepts and the development of a supranational or international public administration. Administrative law expanded significantly during the 20th century, with legislative bodies worldwide creating more government agencies to regulate various aspects of human interaction.
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The constitutionality of administrative agencies
Administrative law is the branch of law governing the creation and operation of administrative agencies. 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 new laws. Generally, administrative agencies are created to protect the public interest rather than to vindicate private rights.
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. The level of deference afforded to administrative agencies has varied over time. In the United States, many government agencies are organized under the executive branch of government, although a few are part of the judicial or legislative branches. The actions of executive agencies and independent agencies are the main focus of American administrative law.
Some textualist scholars argue that administrative agencies are unconstitutional, particularly because of the arguably unconstitutional delegation of law-making power. Nonetheless, the current jurisprudence in administrative law deems agencies constitutional and necessary in a functional and pragmatic sense. Congress has also created some special judicial bodies known as Article I tribunals to handle some areas of administrative law. The Administrative Procedure Act (APA) is a remedial statute designed to ensure uniformity and openness in the procedures used by federal agencies. The APA is the major source for federal administrative agency law, while state agencies' administration and regulation are governed by comparable state acts. The APA categorizes administrative functions into formal and informal rulemaking and adjudication, which have binding effects, as well as guidance, which has no binding effect.
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The role of Congress in creating agencies
Administrative law is a branch of law that governs the creation and operation of administrative agencies. Agencies are delegated power by Congress to enforce certain prerogatives. These 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.
Congress, as one of the three coequal branches of government, is ascribed significant powers by the Constitution. All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing ones. Congress may also establish legislative agencies to assist it in effectively carrying out its duties. These agencies are situated within the legislative branch and have a wide range of functions, from providing guidance and resources to Congress to maintaining its physical facilities and protecting the safety and rights of legislative branch employees.
The United States Congress is made up of the House of Representatives and the Senate, which together form the legislative branch of the federal government. The Constitution grants Congress the sole authority to enact legislation and declare war, the right to confirm or reject Presidential appointments, and substantial investigative powers. Congress can also mandate spending on specific items, such as legislatively directed spending, commonly known as "earmarks," which specify funds for a particular project.
Congress has also created some special judicial bodies, known as Article I tribunals, to handle some areas of administrative law. In response to the rapid creation of new independent agencies in the early 20th century, Congress enacted the Administrative Procedure Act (APA) in 1946 to establish fair administrative law procedures. The APA is a remedial statute designed to ensure uniformity and openness in the procedures used by federal agencies. It governs regulations, adjudications, and rulemaking in general terms and is the major source of federal administrative agency law.
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Administrative law's expansion in the 20th century
Administrative law is a branch of law that governs the creation and operation of administrative agencies and the activities of executive branch agencies of the government. 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.
During the 20th century, administrative law expanded greatly as legislative bodies worldwide created more government agencies to regulate the social, economic, and political spheres of human interaction. This expansion was driven by changing social conditions and expectations of the state, which led to governmental activity in areas of management, regulation, and social welfare. The first half of the 20th century saw a dramatic expansion of the state in common law jurisdictions, with the state taking on a variety of managerial, regulatory, and welfare functions. Examples include state broadcasters, national airlines, and state-run corporations extracting natural resources.
The rapid growth of governmental activity outpaced the development of judicial procedures to review administrative actions. This led to procedural reforms across the common law world to streamline the process of judicial review of administrative action. Canada, for instance, passed legislation at the federal and provincial levels to simplify judicial review. By the early 20th century, a tripartite classification of administrative decisions emerged, categorizing them as "legislative", "administrative", or "judicial".
In the United States, the rapid creation of new independent agencies in the early 20th century led Congress to enact the Administrative Procedure Act (APA) in 1946. This act established fair administrative law procedures to comply with the constitutional requirements of due process. The APA governs regulations, adjudications, and rulemaking in general terms and is the major source of federal administrative agency law.
In the last 50 years, administrative law in many civil law tradition countries has been influenced by supranational legal orders, leading to changes in traditional concepts of the administrative law model and the development of a supranational or international public administration in sectors such as the environment and education.
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Administrative law in civil law countries
Administrative law is a branch of public law that governs the activities of executive branch agencies of government. It includes executive branch rulemaking, adjudication, and the enforcement of laws. In the last 50 years, administrative law in civil law countries has been influenced by rules posed by supranational legal orders, leading to changes in traditional concepts of the administrative law model.
Civil law countries, such as those that were former French, Dutch, German, Spanish, or Portuguese colonies, often have specialized administrative courts that review decisions made by executive branch agencies. These courts apply procedural rules specifically designed for administrative cases, which are distinct from those applied in common law jurisdictions.
In France, there is a dual jurisdictional system with the judiciary branch responsible for civil and criminal law, and the administrative branch having jurisdiction when a government institution is involved. Most claims against national or local governments, as well as claims against private bodies providing public services, are handled by administrative courts, which use the Conseil d'État (Council of State) as a court of last resort.
Germany has a separate system of administrative law with particular legal doctrines and written rules. The law governing preventative measures against hazards to common goods, environmental protection law, urban and land-use planning law, and the law regulating commerce and trades are all examples of fields within German administrative law.
In some civil law systems, such as Germany, the writings of legal scholars have a significant influence on the courts. There are usually separate constitutional, administrative, and civil court systems that interpret and opine on the consistency of legislation and administrative acts with specific codes. Constitutional law and administrative law complement each other, and the line between them is often hard to draw.
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Frequently asked questions
Administrative law was created in response to the expansion of railroads in the United States in the 1840s and 1850s. The swift expansion of railroads led to economic problems such as monopolies and bankruptcies, and state lawmakers attempted to regulate the railroads by passing laws to govern their management, control, and operation. However, these laws were largely ineffective due to the lawmakers' lack of specialized knowledge, which led to the creation of administrative agencies, also known as commissions, to address these issues.
Administrative law is the branch of law that governs the creation and operation of administrative agencies, including the scope of their authorities and rule-making processes. It encompasses the legal relationships between agencies, other government bodies, and the public, and ensures efficient, economical, and just administration.
The three main functions of federal administrative agencies are investigating, rulemaking, and adjudicating. Agencies are authorized to investigate matters within their jurisdiction and create rules to implement policies and procedures. They also make adjudications, which are administrative actions that impact the rights of certain individuals.
Administrative agencies are created by statutes enacted by Congress or, in the case of state agencies, by the state legislature. Agencies are established through their own organic statutes, which create the respective agencies to interpret, administer, and enforce the laws they establish.
