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Administrative law can help these agencies get on the path of following regulations, serve the public, and in turn, a reflection of the public's values and beliefs. There is a need for administrative law because the interest of public could be at risk if various agencies were not following laws and regulations.
Bureaucratic agencies are often structured so that legislators and their staffers have the opportunity to easily monitor bureaucratic activity. [8] While some scholars believe that structural organization can help lessen bureaucratic drift, [9] other scholars have found that this approach can backfire. [8]
To set aside formal rulemaking or formal adjudication for which procedures are trial-like, [18] a different standard of review allows courts to question agency actions more strongly. For such more formal actions, agency decisions must be supported by "substantial evidence" [ 19 ] after the court reads the "whole record," [ 19 ] which can be ...
The concept of rational basis review can be traced to an influential 1893 article, "The Origin and Scope of American Constitutional Law", by Harvard law professor James Bradley Thayer. Thayer argued that statutes should be invalidated only if their unconstitutionality is "so clear that it is not open to rational question". [12]
The law governing the adjudication of questions of administrative law before the courts of general administrative jurisdiction (German: Verwaltungsgerichte) is the Code on Administrative Courts (German: Verwaltungsgerichtsordnung, abbreviated VwGO), which was enacted in 1960. [29]
The term representative bureaucracy is generally attributed to J. Donald Kingsley's book titled Representative Bureaucracy that was published in 1944. In his book, Kingsley calls for a " liberalization of social class selection for the English bureaucracy," due to the "Dominance of social, political, and economic elites within the British bureaucracy" which he claimed resulted in programs and ...
Bureaucracy (/ b j ʊəˈr ɒ k r ə s i /; bure-OK-rə-see) is a system of organization where decisions are made by a body of non-elected officials. [1] Historically, a bureaucracy was a government administration managed by departments staffed with non-elected officials. [2]
Oversight is an implied rather than an enumerated power under the U.S. Constitution. [2] The government's charter does not explicitly grant Congress the authority to conduct inquiries or investigations of the executive, to have access to records or materials held by the executive, or to issue subpoenas for documents or testimony from the executive.