Administrative Law Overview

Definition

• Administrative law regulates the activities of administrative agencies of government.

Key Concepts

• Agencies: Entities created by legislative bodies to enforce laws and regulations.

• Rulemaking: The process by which agencies create regulations.

  • Notice-and-comment rulemaking involves public notification and gathering feedback.

• Adjudication: Agencies resolve disputes through hearings or decisions.

• Enforcement: Agencies monitor compliance with regulations and may impose penalties.

Sources of Administrative Law

• Statutes: Laws enacted by legislatures that grant authority to agencies.
• Regulations: Rules made by agencies under their statutory authority.
• Judicial Decisions: Court rulings that interpret statutes or regulations.

Principles

• Delegation of Powers: Legislative bodies delegate authority to agencies to implement and enforce laws.
• Due Process: Agencies must provide fair procedures for individuals affected by their decisions.

Judicial Review

• Courts review agency actions to ensure they are lawful, reasonable, and not arbitrary.
  • Standard of Review: Varies, including "arbitrary and capricious" and "substantial evidence."

Importance

• Ensures government actions conform to laws and protects individual rights while maintaining efficient regulation.

Challenges

• Complexity of regulations can lead to confusion; checks on agency power are necessary to prevent overreach.

Conclusion

• Administrative law plays a crucial role in the interaction between government agencies and the public, ensuring accountability and transparency in governance.

Administrative Law

• Regulates the activities of government's administrative agencies.
• Agencies are created by legislative bodies to enforce laws and regulations.
• Agencies make rules through a formal process called rulemaking.
• Notice-and-comment rulemaking allows public to provide input prior to the final rule.
• Agencies resolve disputes through hearings or decisions in a process called adjudication.
• Agencies monitor compliance with regulations and may impose penalties.

Sources of Administrative Law

• Statutes grant agencies authority to make rules.
• Regulations are rules made by agencies under the authority of statutes.
• Judicial decisions interpret statutes and regulations.

Principles

• Delegation of Powers: Legislative bodies give agencies authority to carry out laws.
• Due Process: Agencies must ensure fairness in their decisions affecting individuals.

Judicial Review

• Courts review agency actions to ensure they are legal, reasonable, and not arbitrary.
• Different standards of review are used by the courts, including 'arbitrary and capricious' and 'substantial evidence'.

Importance

• Ensures government actions comply with laws and protects individual rights.
• Maintains efficient regulation of activities.

Challenges

• Complex regulations can be difficult to understand.
• Mechanisms for reviewing agencies' power to prevent overreach are needed.

Conclusion

• Administrative law is essential for managing the relationship between government agencies and the public.
• It promotes accountability and transparency in governance.