Davoud Erfanian
- March 31, 2020
Public Law
Administrative
The body of law known as administrative law governs how the government’s administrative agencies conduct their business. It contains the legal guidelines and practises that these organisations must adhere to when performing their duties, including issuing or refusing permits, inspecting and enforcing laws, resolving conflicts, and announcing rules and policies. The interaction between the government and those who are subject to its regulations or who are impacted by its decisions is governed by administrative law. The development of government and the transfer of authority from the legislative and executive branches to administrative agencies are the sources of this area of law. The goal of administrative law is to guarantee that administrative agencies carry out their duties in a way that upholds the rule of law, procedural fairness, accountability, and transparency.
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Adjudicatory functions
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Enforcement procedures
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Procedural fairness and due process
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Judgement review
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Accountability of agencies
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Personal liability
Adjudicatory functions
To settle disputes or reach judgements that could have an impact on people’s or entities’ rights or interests, several administrative agencies may undertake adjudicatory hearings. The ability of an agency to make decisions, nevertheless, may be legally challenged by parties who assert that their rights to due process have been violated or that the agency went beyond its authority.
Enforcement procedures
Administrative agencies have the authority to look into violations of rules, enforce them, and take enforcement action. Nonetheless, these acts could face legal challenges, particularly if it is alleged that the agency went beyond its power, utilised disproportionate or arbitrary enforcement tactics, or transgressed someone’s fundamental rights.
Procedural fairness and due process
Administrative agencies must adhere to the requirements of due process, including giving appropriate notice and holding a hearing, as well as other procedural fairness rules. If parties assert that their rights to due process have been violated, legal conflicts may develop, challenging government actions.
Judgement review
Judicial review of administrative agency decisions is possible, although there may be disagreements on things like the appropriate standard of review to use, how much deference judges should accord to agency decisions, and whether the agency operated within its authority.
Accountability of agencies
Administrative agencies are required to operate transparently and accountable, and to implement laws and regulations in a way that is consistent with their statutory purpose. Legal issues may develop if an agency goes beyond its authority, disregards laws or other procedures, or is suspected of acting improperly or corruptly.
Personal liability
Administrative agency employees may be held personally responsible for decisions made while performing their jobs. Legal disputes may emerge regarding whether a person acted lawfully, honestly, and within the scope of their power as well as the potential scope of their personal liability.
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Frequently Asked Questions
What is the role of administrative law in regulating the use of government power and preventing abuses of power?
Administrative law plays a critical role in regulating the use of government power and preventing abuses of power by government agencies and officials. Administrative law provides the legal framework for the operation of administrative agencies and outlines the procedures and standards they must follow when making decisions and implementing policies.
Administrative law governs the relationship between administrative agencies and the public, including individuals, businesses, and other organizations. Administrative agencies have the power to make rules, conduct investigations, and adjudicate disputes within their jurisdiction, and administrative law provides the rules and procedures that govern these actions.
One of the primary purposes of administrative law is to ensure that government agencies operate within the bounds of their delegated authority and do not abuse their power. Administrative law provides mechanisms for oversight and accountability, such as judicial review and public participation in agency decision-making.
Judicial review is a critical aspect of administrative law and allows the courts to review agency decisions and actions for compliance with the law and constitutional standards. The courts can overturn agency decisions that are arbitrary, capricious, or not in accordance with the law or the agency’s statutory authority.
Public participation is another key feature of administrative law, as it allows individuals and organizations to provide input and feedback on agency decision-making. This can take the form of public hearings, comment periods, and other opportunities for public input.
Overall, the role of administrative law in regulating the use of government power is to ensure that government agencies operate in a transparent and accountable manner and that they do not abuse their power or violate individuals’ rights. Administrative law provides the legal framework for the operation of administrative agencies and sets the standards for their decision-making and policy implementation.
How do administrative law principles apply to the use of new and emerging technologies, such as facial recognition or drone surveillance?
Cultural or societal changes can have a significant impact on the interpretation and application of the US Constitution. As social norms, values and attitudes evolve over time, the meaning and significance of constitutional provisions may change as well. This can result in new interpretations of existing provisions or even the emergence of new constitutional rights altogether.
One example of this is the evolution of equal protection under the law. The Supreme Court’s interpretation of the Equal Protection Clause of the Fourteenth Amendment, which guarantees equal treatment under the law, has expanded significantly over time to include protections for marginalized groups such as women, racial minorities, and LGBTQ+ individuals. This expansion has been driven in part by societal changes and increased recognition of discrimination and inequality based on these characteristics.
Another example is the interpretation of the First Amendment’s protection of free speech in the context of social media and online communication. As the internet has become an increasingly important forum for public discourse, courts have grappled with how to apply traditional principles of free speech to online platforms and digital communication. This has led to a re-evaluation of some longstanding constitutional doctrines, such as the distinction between content-based and content-neutral restrictions on speech.
Overall, cultural and societal changes can influence the way that constitutional provisions are interpreted and enforced. This can lead to changes in legal doctrine and policy over time, as courts and other institutions respond to shifting social norms and values.
How are conflicts between different administrative law principles or provisions resolved?
Conflicts between different administrative law principles or provisions are typically resolved through a process of statutory interpretation. This involves analyzing the relevant statutes, regulations, and case law to determine how they should be applied in a particular situation.
Some key principles that may come into conflict in administrative law include:
Delegation of Authority: Administrative agencies are delegated certain powers by statute, but these powers must be exercised in accordance with the limits set by Congress.
Fairness and Due Process: Administrative agencies must adhere to procedural requirements designed to ensure fair treatment of individuals affected by agency decisions.
Judicial Review: Courts have the power to review and strike down agency decisions that are arbitrary, capricious, or violate constitutional or statutory rights.
Rulemaking and Adjudication: Administrative agencies use different processes to make rules and decide individual cases, each of which has its own procedural requirements and standards of review.
When conflicts arise between these principles or provisions, courts will typically apply established canons of statutory interpretation to resolve the conflict. For example, courts may look to legislative history, the text and purpose of the relevant statutes, and prior court decisions to determine the correct interpretation of conflicting provisions.
In some cases, conflicts may be resolved through regulatory action or administrative guidance rather than through litigation. Agencies may issue interpretive rules or policy statements that clarify their interpretation of ambiguous provisions or attempt to reconcile conflicting principles.
Overall, resolving conflicts between different administrative law principles or provisions requires careful analysis of the relevant legal authorities and a thorough understanding of administrative law doctrine and procedure. It is important for agencies and individuals affected by administrative decisions to work with experienced legal counsel to navigate this complex area of law.
