Administrative law

Administrative law

Fernando Henrique Cardoso, a notable figure in administrative law reform.

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Montesquieu, whose ideas influenced the development of administrative law.

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Riddarholmen, a location associated with administrative law in Sweden.

The headquarters of the Federal Trade Commission, an example of an administrative agency.

Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law.

Overview

Administrative law deals with the decision-making of administrative units of government (e.g., tribunals, boards, or commissions) that are part of a national regulatory scheme in areas such as police law, international trade, manufacturing, the environment, taxation, broadcasting, immigration, and transport.

History

The development of administrative law can be traced back to the ideas of Montesquieu, who advocated for the separation of powers, and the need for a system of checks and balances. The growth of administrative law was further influenced by the expansion of government functions and the need for specialized agencies to handle complex issues.

Functions

Administrative law serves several functions:

• Regulation: It provides the framework for the creation and operation of administrative agencies.
• Adjudication: It establishes the procedures for resolving disputes involving administrative agencies.
• Rulemaking: It outlines the process by which agencies create regulations.
• Enforcement: It defines the mechanisms for enforcing agency rules and decisions.

Key Concepts

Rulemaking

Rulemaking is the process by which administrative agencies create new regulations. This process often involves public notice and comment periods, allowing stakeholders to provide input on proposed rules.

Adjudication

Adjudication refers to the legal process by which an administrative agency resolves disputes. This can involve hearings before an administrative law judge and the issuance of decisions that may be subject to judicial review.

Judicial Review

Judicial review is the process by which courts examine the actions of administrative agencies to ensure they comply with statutory and constitutional requirements. Courts may overturn agency actions that are found to be arbitrary, capricious, or not in accordance with the law.

Administrative Agencies

Administrative agencies are created by legislation to implement specific government policies. Examples include the Federal Trade Commission (FTC) in the United States, which enforces antitrust and consumer protection laws.

Related pages

• Public law
• Regulatory agency
• Separation of powers
• Judicial review

Gallery

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  Fernando Henrique Cardoso

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  Montesquieu

• Riddarholmen

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  FTC headquarters

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  Fernando Henrique Cardoso in 1999

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  Portrait of Montesquieu

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  Riddarholmen in 2009

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  Federal Trade Commission headquarters