Administrative Law
Introduction
Administrative law deals with the exercise of public power and the control of government decisions. Topics in administrative law include the role of the State, the governmental structures that influence the administrative law system, the principles of good administration, the protection of individual rights, freedom of information legislation, grounds of review of administrative decisions (in particular procedural fairness, ultra vires and jurisdictional error); remedies available upon judicial review, (including prerogative writs and equitable remedies), internal and external review of administration decisions (including the administrative appeals mechanisms); the judicial review (including principles expressed in judicial review, like procedural fairness); public law issues such as justifiability, standing and rule-making; and the public/private divide.
Origins
According to Encarta (1), “although the term administrative law was not used until the 20th century, the concern with maintaining controls over the power of government goes back in English law as far as the Magna Carta. By the 19th century, courts on the European continent had recognized a separate administrative law, which was often known by the French term droit administratif. In the U.S. it was the New Deal of the 1930s, with its accompanying proliferation of government agencies, that led the courts to apply a distinctive body of law to the operation of these agencies”(like the Interstate Commerce Commission and the Federal Communications Commission, in the United States).
Dealing of Administrative Law
An important point is the existence of various mechanisms designed to achieve accountability on the part of officials who exercise broad discretionary powers. Judicial review ensures supervision by the executive arm of government of decisions made by the executive. Accountability of the executive is also achieved through other mechanisms such as the role of the ombudsman, freedom of information legislation, and privacy and anti-corruption legislation.).
Administrative law also deals with the rights of the individual in dealing with government, including the ideals of preservation of order, the welfare of the citizen, natural justice and the rights of the individual in contrast to governmental power
Civil law countries often have specialized courts, administrative courts, that review these decisions. United States administrative law encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies of the United States Government.
Administrative Law in the United States
According to Encarta (2), “administrative bodies are created and given power by federal or state legislation. It is the function of administrative law to set forth the extent of this power, the limitations on it, and its applications to private individuals and groups. The law is basically concerned with whether proper standards are applied by administrative agencies in exercising their powers and in making and enforcing regulations. If an agency does not apply the proper standards, its failure may be redressed by application to the courts. Although a court may not substitute its own judgment for that of the agency in determining whether a given regulation is desirable, the court may declare the regulation a nullity if the agency, by promulgating such a regulation, has exceeded the authority conferred by the legislature. In determining that a regulation has been violated, substantial proof is required, but the agency is not bound by the laws of evidence that apply in court trials.
With the multiplication of federal administrative agencies in the U.S. during the 1930s, a means of making administrative regulations reasonably accessible to the public became necessary. The Federal Register Act (1935) provides that all federal regulations must be published in the Federal Register; a regulation that is not published in this manner is not binding upon persons who are unaware of its existence. Periodically, all federal regulations still in force must be codified and published in a compilation called the Code of Federal Regulations. The Administrative Procedures Act (1946) provides that before a federal agency promulgates a general regulation, interested parties must be afforded an opportunity to present their views. Another safeguard is that the investigation and prosecution of alleged violations may not be undertaken by the same persons who will render the judgment.”
Content
- Nature and Scope of Judicial review
- Statutory Interpretation
- Natural Justice
- Hearing Rule and Bias Rule
- Principle of Legality
- Jurisdictional error
- Restricting judicial review
- Delegated legislation
- Human Rights
- Complaint Handling
Administrative Law: Summary
In this entry, Administrative Law covers:
- Delegation
- Rulemaking: Informal and Formal
- 69 Federal Register 16873-01
- Adjudication
- Judicial Review
- Judicial Review of Agency Interpretations of Law
- Open Meetings
- Freedom of Information
Administrative Law: Main Elements
The coverage of Administrative Law includes the following main elements:
Delegation
For detailed information on this issue, please read the corresponding entry.
Rulemaking: Informal and Formal
Please, refer to the appropiate entry related to the issue.
69 Federal Register 16873-01
Find out an overview of this issue following this link (topic).
Adjudication
There is information on this basic subject matter in this legal reference.
Judicial Review
Find out an overview of this topic in the legal Ecyclopedia.
Judicial Review of Agency Interpretations of Law
There is information on this basic subject in this reference work.
Open Meetings
For information on this issue, please click here (subject).
Freedom of Information
There is information on this basic subject matter in this legal reference.
References
See Also
- Administrative Law (in international or comparative law)
Concept of Administrative Law
Note: explore also the meaning of this legal term in the American Ecyclopedia of Law.
Administrative Law
Contents of Administrative Law
Contents of this subject matter include:
- Introduction to Administrative Law
- Statutory Interpretation
- Merits Review
- Administrative Appeals Tribunal
- Complaint Handling – the Ombudsman
- Freedom of Information, Privacy and the Integrity Branch
- Introduction to Judicial Review
- Delegated Legislation
- Jurisdiction and Standing under appropriate legislation, such as the Common Law and Administrative Decisions (Judicial Review) Act in Australia
- Remedies
- Grounds of Judicial Review (including Errors of Law, Procedural Fairness and Jurisdictional Error)Privative Clauses
Worldwide Administrative Law
Contents of Worldwide Administrative Law
Contents of this subject matter include:
- Introduction
- Contemporary Context: Expanding Nature of Government Power
- Contemporary Context: Privatization/Outsourcing of Government Power
- Theories of Government Accountability
- Worldwide Statutory Interpretation: Practical Skill Development
- Judicial Review: the Constitutionalisation of Administrative Law in Australia
- Analysis of several pieces of legislation, such as the Privative Clause in the Migration Act in Australia
- Reversing Accountability: Authority, Exercise of Authority and Office
- Responsibilities of Office: Ombudsman and other guest speakers
- Contemporary issues: Case studies
- Administrative Law: From Citizen to Government and Back Again
- Conclusion
Description of Administrative Law
Introduction
Administrative Law
This entry provides an overview of the legal framework of administrative law, with a description of the most significant features of administrative law at international level.
Related Work and Conclusions
Resources
See Also
- Judiciary
Resources
See Also
- Legal System
- Judiciary
- Justice
Resources
See Also
References (Papers)
- Center For Biological Diversity V. Jewell, Lowell J. Chandler, Sep 2017
- The Earth’s Atmosphere As A Global Trust: Establishing Proportionate State Responsibility To Maintain, Restore And Sustain The Global Atmosphere, Thomas Boudreau Ph.D., Aug 2017
- Clean Power Plan, Janice Chon, Aug 2017
- Transportation Network Companies’ Ability To Sustain Success Amid Growing Regulation By Local Governments, Molly Parato, Aug 2017
- Human Equity? Regulating The New Income Share Agreements, Diane M. Ring, Shu-Yi Oei, Jul 2017
- Malfitano V. County Of Storey, 133 Nev. Adv. Op. 40 (June 29, 2017), Brent Resh, Jun 2017
Resources
See Also
Resources
Notes and References
See Also
- Portal of Administrative Law
- List of Administrative Law Online Journals
- Administrative Law Questions
- The Reformation of American Administrative Law
- List of Immigration and Domicile Laws e-Journals
Further Reading
- Avgoustinos C, Administrative Law (Zortonomy Core Law Student Collection, 2011)
- Cane P and McDonald L, Principles of Administrative Law (OUP, 2008)
- Cane P and McDonald L, Cases and Materials for Principles of Administrative Law (OUP, 2009)
- Reilly A, Appleby G, Grenfell L and Lacey W, Australian Public Law (OUP, 2011)
- Blackshield T, Douglas R and Williams G, Public Law in Australia (Federation Press, 2010)
- Sanson M, Statutory Interpretation (OUP, 2012)
- Pearce DC and Geddes RS, Statutory Interpretation in Australia (LexisNexis, 2011)
- Pearce D and Argument S, Delegated Legislation in Australia (LexisNexis, 2012)
- Kelly MRLL, Pearson Law Briefs: Administrative Law (2009)
- Head M, Administrative Law: Context and Critique (Federation Press, 2012)
- Aronson M, Dyer B & Groves M, Judicial Review of Administrative Action (4th ed, Lawbook Co, 2008)
- Esparraga F and Ellis-Jones I, Administrative Law Guidebook (OUP, 2010)
- Lane W B and Young S, Administrative Law in Australia, Thomson Lawbook Co, 2007
- Moshinsky N; Williams D, Butterworths Annotated Acts: Annotated Administrative Appeals Legislation (2004)
- Douglas R, Douglas and Jones’s Administrative Law (6th ed, Federation Press, 2009)
References
- Creyke R, Tribunals in the Common law World, (Federation Press 2009)
- Ellis-Jones I, Essential Administrative Law, (3rd ed, Cavendish, 2003)
- Administrative Law Review is the official quarterly publication of the American Bar Association’s Section on Administrative Law and Regulatory Practice, published in coordination with American University Washington College of Law.
- The Journal of the National Association of Administrative Law Judiciary is a publication of the National Association of Administrative Law Judiciary, published in coordination with Pepperdine University School of Law.
- The Texas Tech Administrative Law Journal specializes in administrative law topics.
- William Funk, J.D., Administrative Procedure and Practice: Problems and Cases, (2006).
- William Funk, J.D., Administrative Law: Examples and Explanations, Aspen Publishers, 2nd ed., 2006.
- Creyke R and Sutherland P, Veterans’ Entitlements Law, (2nd ed, Federation Press, 2008)
- Douglas R and Jones M, Administrative Law: Commentary & Materials (5th edn, Federation Press, 2006)
- Forbes JRS, Justice in Tribunals (2nd ed, Federation Press, 2006)
- McKenzie F, Administrative Power and the Law (practitioner copy), (2006)
- McKenzie F, Administrative Power and the Law (student copy), (2006)
- Pearce D, Administrative Appeals Tribunal, (2007)
When, in general, a Ruling is an official or authoritative determination, statement, or interpretation (as by a judge on a question of law), in administrative law, a ruling is an interpretation or decision by an administrative agency.
Web resources in Administrative Law:
- ABA Section of Administrative Law & Regulatory Practice
- ABA Administrative & Regulatory Law News
- Administrative Codes and Registers Section of the National Association of Secretaries of State
- Administrative Conference of the United States
- Administrative Law (Wex)
- Administrative Law Guide
- Administrative Law Research ( Law library, University of Washington School of Law)
- Agency Index
- American Bar Association – Administrative Law News
- Association of Administrative Law Judges
- The Council of State Governments
- Electronic Privacy Information Center
- Federal Administrative Law Judges Conference
- Federal Administrative Procedure Act
- Federal Web Locator (Villanova University)
- FOIA Administrative and Legal Contacts at Federal Agencies
- House Judiciary Committee, Subcommittee on Commercial and Administrative Law
- Internet Access to Administrative Rules and Codes
- Judicial Administration (Wex)
- Megalaw’s Administrative Law Links
- National Association of Secretaries of State
- National Conference of Administrative Law Judges
- Office of Administrative Law Judges (U.S. Department of Labor)
- Program on Law and State Government, Indiana University School of Law, Indianapolis
- U.S. Federal Government Agencies
Research Guides and Pathfinders
- Code of Federal Regulations & Federal Register (Washburn University Law library )
- Regulations Research
- Barbie Selby, University of Virginia Law Library, 1999
Further Reading
About the Author/s and Reviewer/s
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Spanish Translation of administrative law
This is the legal translation of English to Spanish in relation to administrative law and / or a definition of this topic: Derecho Administrativo (in Spanish, without translation of the dictionary entry).
Administrative Law as Legal Research Source
Federal Administrative Law
There is more information about this subjet related to the field of legal research in the legal encyclopedia.
State Administrative Law
There is more information about this subjet related to the field of legal research in the legal encyclopedia.
Administrative Law as Legal Research Source
Hierarchical Display of Administrative law
Politics > Executive power and public service
Law > Organisation of the legal system > Legal system > Administrative court
Science > Humanities > Social sciences > Administrative science
Law > Sources and branches of the law > Source of law > Legal code > Administrative code
Law > Sources and branches of the law > Legal science > Public law
Administrative law
Concept of Administrative law
See the dictionary definition of Administrative law.
Characteristics of Administrative law
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Resources
Translation of Administrative law
- Spanish: Derecho administrativo
- French: Droit administratif
- German: Verwaltungsrecht
- Italian: Diritto amministrativo
- Portuguese: Direito administrativo
- Polish: Prawo administracyjne
Thesaurus of Administrative law
Politics > Executive power and public service > Administrative law
Law > Organisation of the legal system > Legal system > Administrative court > Administrative law
Science > Humanities > Social sciences > Administrative science > Administrative law
Law > Sources and branches of the law > Source of law > Legal code > Administrative code > Administrative law
Law > Sources and branches of the law > Legal science > Public law > Administrative law
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