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Administrative law is a division of law governing the activities of executive branch agencies of government. Administrative law includes executive branch rule making (executive branch rules are generally referred to as "regulations"), adjudication, and the enforcement of laws. Administrative law is considered a branch of public law.
Section 551 of the Administrative Procedure Act gives the following definitions: . Rulemaking is "an agency process for formulating, amending, or repealing a rule." A rule in turn is "the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy."
The administrative state is created when legislative (law-making) bodies, like the U.S. Congress or the U.K. Parliament, delegate their lawmaking powers to administrative or private entities. [8] Nondelegation is a legal principle that a branch of government cannot authorize another entity to exercise powers or functions assigned to itself. It ...
Independent agencies can be distinguished from the federal executive departments and other executive agencies by their structural and functional characteristics. [8] Their officers can be protected from removal by the president, they can be controlled by a board that cannot be appointed all at once, and the board can be required to be bipartisan.
The Final Report made several recommendations about standardizing administrative procedures, but Congress delayed action as the US entered World War II. In 2005, the House Judiciary Committee undertook an Administrative Law, Process and Procedure Project to consider changes to the Administrative Procedure Act. [needs update]
The Administrative State is Dwight Waldo's classic public administration text based on a dissertation written at Yale University.In the book, Waldo argues that democratic states are underpinned by professional and political bureaucracies and that scientific management and efficiency is not the core idea of government bureaucracy, but rather it is service to the public.
In this sense quasi-legislative activity occurs at the discretion of elected officials. Nevertheless, administrative agencies create and enforce many legal rules on their own, often without the advice of lawmakers, and the rules have the force of law. This means they have a binding effect on the general public.
Administrative law legal terminology (1 P) O. Official languages (6 C, 10 P) P. Prerogative writs (1 C, 9 P) R. Regulation (26 C, 40 P) Regulators (19 C, 8 P)