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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 rulemaking (executive branch rules are generally referred to as "regulations"), adjudication, and the enforcement of laws. Administrative law is considered a branch of public law.
The administrative state is a term used to describe the power that some government agencies have to write, judge, and enforce their own laws. Since it pertains to the structure and function of government, it is a frequent topic in political science , constitutional law , and public administration .
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 Procedure Act (APA), Pub. L. 79–404, 60 Stat. 237, enacted June 11, 1946, is the United States federal statute that governs the way in which administrative agencies of the federal government of the United States may propose and establish regulations, and it grants U.S. federal courts oversight over all agency actions. [2]
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.
An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths , take testimony , rule on questions of evidence , and make factual and legal determinations.
Since the terms are administrative political divisions of the local regional government, their exact relationship and definitions are subject to home rule considerations, tradition, as well as state statute law and local governmental (administrative) definition and control. In British cultural legacy, some territorial entities began with fairly ...
In the United States, the governing law for federal rulemaking is the Administrative Procedure Act of 1946. Separate states often have parallel systems. Commonwealth countries use a mix of common law and similar statute law. The European Commission has recently developed new standards under ideas laid out in a 'Whitepaper on governance.' This ...