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Administrative Law

Introduction to Administrative Law

Administrative law is a crucial branch of the legal framework that governs the

establishment and functioning of administrative agencies. These agencies, both at the federal and

state levels, play a pivotal role in executing and implementing laws passed by Congress or state

legislatures. The powers delegated to administrative agencies are significant, encompassing not

only the creation and interpretation of laws but also regulating relationships between agencies,

other governmental bodies, and the general public.

Structure of Agencies and Constitutional Considerations

Despite facing constitutional challenges, administrative agencies are deemed essential in

contemporary society due to the impracticality of Congress administering every enacted law.

Notable agencies, including executive bodies like the Department of Justice and Department of

Defense, as well as independent agencies such as the Federal Trade Commission and the

Environmental Protection Agency, wield substantial power to interpret, enforce, and adjudicate

matters in line with the expansive congressional laws they oversee (Stewart 217). Constitutional

and statutory constraints, including the Administrative Procedure Act (APA) and state

counterparts, guide these agencies' functions. The APA, a comprehensive regulatory statute,

delineates rulemaking and adjudication procedures and provides the framework for agency roles

and powers.
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Statutory Regulation and Judicial Review

The APA is instrumental in ensuring uniformity and transparency in agency procedures.

It categorizes administrative functions into formal and informal rulemaking, adjudication, and

guidance, each subject to specific procedural rules (Elias 210). For instance, agencies engaged in

rulemaking must adhere to a notice-and-comment process, allowing public input. Administrative

Law Judges serve as impartial triers of fact and law in adjudication, prohibited from engaging in

ex parte communications. However, agencies have more leeway in guidance actions, issuing

non-binding interpretive rulings.

Judicial review constitutes a significant aspect of administrative law, with courts

employing varying deference to agency actions. Chevron, Auer, and Skidmore deference

standards established by the U.S. Supreme Court determine the extent to which courts defer to

agency interpretations (Legal Information Institute). Chevron mandates extreme deference to

agency statutory interpretations, Auer focuses on agency interpretations of their regulations, and

Skidmore allows for deference based on the agency's expertise.

Defining Principles and Objectives of Administrative Law

Administrative law aims to ensure efficient, economical, and just administration. It seeks

to balance the needs of effective governance with individual rights. As governments globally

expand their functions to achieve economic growth, modernization, and social development,

administrative law becomes instrumental in navigating the complex relationship between state

actions and individual rights. The broader goal is to harness government action for the common

good while preventing abuses that could lead to injustice.

Distinctions between Public Administration and Private Action

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Key distinctions between public administration and private action shape the landscape of

administrative law. Governmental activities, from traffic control to public health services,

involve powers not normally granted to private entities. Administrative law diverges from

private law, regulating civil servants' actions and exercising compulsory powers by executive

organs. The legal framework differs in internal and external aspects, addressing relations within

administrative bodies and between the administration and private individuals (Stewart 221).

Commands from legislation to citizens and directions to administrative authorities create a

multifaceted legal landscape within administrative law.

Conclusion

Administrative law is a vital component of the legal system, providing the framework for

administrative agencies' creation, powers, and operations. Its principles and regulations aim to

balance effective governance and protection of individual rights, ensuring a just and equitable

administration. Judicial review mechanisms, guided by deference standards, serve as checks and

balances on agency actions. As governments continue to expand their functions, the role of

administrative law in shaping the relationship between the state and its citizens becomes

increasingly crucial.
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Works Cited

Elias, Roni A. "The legislative history of the Administrative Procedure Act." Fordham

Environmental Law Review 27.2 (2016): 207-224.

Legal Information Institute. "Administrative Law." LII / Legal Information Institute, June 2022,

www.law.cornell.edu/wex/administrative_law.

Stewart, Richard B. "The reformation of American administrative law." The Political Economy:

Readings in the Politics and Economics of American Public Policy. Routledge, 2021.

203-223.