Administrative week 3 definitions

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Questions and Answers

What effect did the court's ruling have on the Live Poultry Code created under the National Industrial Recovery Act?

  • It invalidated the code due to its overreach. (correct)
  • It imposed additional regulations on poultry sales.
  • It allowed the code to be strengthened and expanded.
  • It required agencies to rewrite the code to conform to state laws.

How do administrative agencies typically handle alleged violations of the law?

  • They perform investigations but do not administer sanctions.
  • They rely on external investigators to present cases.
  • They refer cases exclusively to the judiciary.
  • They charge individuals and serve as judges in the proceedings. (correct)

What is a primary consideration in determining whether a question qualifies under the political question doctrine according to the Supreme Court?

  • Whether it pertains to financial implications for the government.
  • Whether the resolution is committed to the judiciary.
  • Whether individual rights are implicated. (correct)
  • Whether the question has caused public unrest.

In the context of the political question doctrine, what role do courts in the UK have regarding prerogative powers?

<p>They must judge whether the exercise of these powers has exceeded legal limits. (D)</p> Signup and view all the answers

Which of the following statements about the political question doctrine in the USA is accurate?

<p>It prevents the courts from addressing issues that involve constitutional affiliations with other branches. (D)</p> Signup and view all the answers

What is the primary function of administrative agencies in the USA?

<p>To implement and enforce laws passed by Congress (D)</p> Signup and view all the answers

Which type of rule made by agencies is equivalent in legal effect to statutes?

<p>Legislative rules (C)</p> Signup and view all the answers

What does the non-delegation doctrine prohibit?

<p>Congress from delegating its legislative powers to other bodies (C)</p> Signup and view all the answers

Under which article of the US Constitution is legislative power assigned to Congress?

<p>Article I (A)</p> Signup and view all the answers

Which of the following best describes the role of the ombudsman in public administration control?

<p>To act as an independent body for investigating complaints (B)</p> Signup and view all the answers

Which Supreme Court case exemplified the enforcement of the non-delegation doctrine?

<p>Panama Refining Co. v. Ryan (C)</p> Signup and view all the answers

What is the main difference between interpretative rules and general statements of policy made by agencies?

<p>Both bind agency employees but not the public (B)</p> Signup and view all the answers

The principle of separation of powers divides governmental powers among which branches?

<p>Legislative, Executive, and Judicial (B)</p> Signup and view all the answers

What is the primary purpose of a constitution in a state?

<p>To outline the government structure and limit power (C)</p> Signup and view all the answers

How did constitutionalism evolve from the 17th to the 19th century?

<p>It represented a system limiting monarchial power. (D)</p> Signup and view all the answers

What essential element is necessary for a state to have a functional constitution?

<p>A written document with superior legal force (A)</p> Signup and view all the answers

Which of the following best describes the nature of constitutionalism in modern democratic states?

<p>The constitution must include guarantees for individual freedoms (B)</p> Signup and view all the answers

What significant distinction existed until the 18th century regarding constitutions?

<p>Constitutions were primarily descriptive documents. (A)</p> Signup and view all the answers

Which principle is crucial for the operation of public authority as defined by constitutional principles?

<p>Separation of powers (C)</p> Signup and view all the answers

What does constitutional law regulate in society?

<p>Individual freedoms, rights, and their limitations (C)</p> Signup and view all the answers

Which of the following criteria can divisions of constitutional states NOT be based on?

<p>Primary religion of the state (B)</p> Signup and view all the answers

Flashcards

What is a Constitution?

The fundamental law of a state that establishes its organization and governs its operation. It's the highest form of law, legally superior to all other laws.

What is Constitutionalism?

The idea that a constitution should limit the power of the government, especially the ruling monarch.

What is a Constitutional Monarchy?

A government system where the power of the monarch (king or queen) is limited by a constitution.

What is the Separation of Powers?

The idea that the government's power should be divided into different branches (like the legislative, executive, and judicial) to prevent any one branch from becoming too powerful.

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What are Sources of Law?

The basic principles, laws, and rules that form the foundation of a legal system.

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How does the Constitution regulate Public Authority?

A document that not only organizes a state but also defines the limits and operations of public authority, including local governments.

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How does the Constitution protect Individual Rights?

The constitution sets out the rights and freedoms that individuals have, along with limits on how these can be restricted.

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What is a Constitutional State?

A state governed by a set of rules (constitution) that promotes democracy and individual rights.

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Political Question Doctrine (PQD)

The principle that certain issues, due to their political nature, are best left to the other branches of government, such as the executive or legislature, rather than being decided by the courts.

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Judicial Review of Executive Actions

A doctrine stating that courts cannot review executive actions that don't directly impact individual rights.

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Judicial Review of Government Power

The process by which courts determine the legal limits of power for each branch of government and ensure that any exercise of power doesn't exceed those limits.

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Administrative Agencies as Judges

A process where administrative agencies both charge a person with a violation of law and act as judges in determining guilt. This dual role can raise concerns about fairness and impartiality.

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Administrative Adjudication

A formal process regulated by the Administrative Procedure Act, where administrative agencies conduct adjudications (legal proceedings) to resolve disputes.

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Principles of Public Administration Control

The basic principles that govern how government agencies are controlled. This includes establishing oversight bodies like courts, ombudsman, and administrative courts.

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Constitutional Role in Public Administration Control

Constitutions set out the framework for public administration control, including basic principles and oversight bodies.

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Separation of Powers

A fundamental principle that divides government power into three branches: legislative, executive, and judicial. Each branch has distinct responsibilities and is independent from the others.

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Executive Agencies in the USA

Executive agencies in the US are responsible for carrying out laws passed by Congress, making decisions, and ensuring compliance.

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Administrative Agencies

Administrative agencies are branches of the executive branch that have specific tasks and functions within the government.

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Types of Agency Rules

Legislative rules created by agencies have the same power as laws passed by Congress. Interpretative rules only bind agency employees, not the public.

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Non-Delegation Doctrine

Congress cannot delegate its power to make laws to other entities, such as government agencies or private organizations.

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Examples of Non-Delegation Doctrine

The Panama Refining Co.v.Ryan and A.L.A. Schechter Poultry Corp.v.United States cases illustrate the Supreme Court's non-delegation doctrine. In both cases, the court struck down provisions in laws where Congress had delegated legislative power.

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Study Notes

Constitution and Constitutionalism

  • The term "constitution" originates from the Latin word "constituere," meaning to arrange or establish.
  • It describes how a state is organized and is commonly understood as the fundamental law of a state, holding special legal force.
  • Constitutionalism, initially (17th-19th centuries), was a system of government limiting monarchical power.
  • This emerged in England after the 1689 revolution and gradually spread across Western Europe from the late 1700s.
  • Today, constitutionalism refers to a political system where the constitution, as a written document, holds supreme legal authority and binds all state organs.
  • A crucial aspect of constitutionalism is its material meaning, meaning it's not sufficient for a state to merely have a constitution; the constitution's content must align with modern democratic standards, encompassing things like:
    • separation of powers
    • political pluralism
    • democratic elections
    • guarantees of individual rights

Constitution and Administrative Law

  • Constitutions regulate not only the organization of government but also the exercise of public authority.
  • Local governments have constitutional bases for their actions and are guaranteed independence.
  • Constitutional principles, such as the separation of powers, shape the system of sources of law.
  • Constitutions define individuals' freedoms, rights, and obligations, along with the limits on exercising those rights.

The Principle of Separation of Powers in the US Constitution

  • The US Constitution separates legislative, executive, and judicial functions, entrusting them to distinct and independent bodies.
  • The legislature (Congress) holds legislative power (Article I).
  • The executive (President) holds executive power (Article II).
  • The judiciary (courts) holds judicial power (Article III).

Executive Agencies in the USA

  • The US federal government consists of various executive departments and agencies.
  • Independent agencies and regulatory agencies exist alongside executive departments.
  • These agencies develop and execute policies, monitor compliance with laws, and make decisions regarding specific concerns within their designated domains.

Administrative Agencies and Executive Functions

  • Agencies implement and enforce laws, using various mechanisms, including inspections and disclosure schemes.
  • These agencies conduct research and analyze reports, such as on pollution, safety incidents, and malfunctions of products/processes.

Federal Agencies and the Legislative Branch

  • Federal agencies create rules, and three main types of these rules exist:
    • Legislative rules - have the same effect as statutes
    • Interpretative rules - impact agency employees, not the general public
    • General statements of policy - guide agency behavior but aren't binding on the general public

The Non-Delegation Doctrine

  • The non-delegation doctrine signifies that the legislative function should not be delegated to other entities.
  • This doctrine has been instrumental in court cases involving the US Supreme Court's review of specific instances where Congress delegated its authority to other entities.

Agencies and Judicial Functions

  • The Administrative Procedure Act outlines procedures for administrative agencies, defining aspects of the adjudicatory process.
  • Agencies often impose sanctions concerning violations of law.
  • Agencies typically charge individuals with violations, then act as judges to determine the violation.

Political Question Doctrine

  • The political question doctrine stipulates that some issues are unsuitable for judicial review, usually owing to their political nature or their assignment to another branch of government.
  • This doctrine applies not just to the US but the UK.

PQD in the USA and UK

  • In the US, the Supreme Court considers whether the Constitution itself designates the resolution of an issue to another branch of government.
  • The UK courts are responsible for determining the legal limits of the powers granted to government branches.

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