Administrative law

Administrative law is the body of law that arises from 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. As a body of law, administrative law deals with the decision-making of administrative units of government (e.g., tribunals, boards or commissions) that are part of a state regulatory scheme in such areas as international trade, manufacturing, the environment, taxation, broadcasting, immigration and transport. Administrative law expanded greatly during the twentieth century, as legislative bodies world-wide created more government agencies to regulate the increasingly complex social, economic and political spheres of human interaction.

Administrative law in common law countries

Generally speaking, most countries that follow the principles of common law have developed procedures for judicial review that limit the reviewability of decisions made by administrative law bodies. Often these procedures are coupled with legislation or other common law doctrines that establish standards for proper rulemaking.

Related Topics:
Common law - Judicial review - Rulemaking

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Administrative law may also apply to review of decisions of so-called quasi-public bodies, such as non-profit corporations, disciplinary boards, and other decision-making bodies that effect the legal rights of members of a particular group or entity.

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While administrative decision-making bodies are often controlled by larger governmental units, their decisions could be reviewed by a court of general jurisdiction under some principle of judicial review based upon due process (United States) or fundamental justice (Canada).

Related Topics:
Court - Jurisdiction - Judicial review - Due process - Fundamental justice

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The scope of judicial review may be limited to certain questions of fairness, or whether the administrative action is ultra vires. In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it is patently unreasonable (under Canadian law), Wednesbury unreasonable (under British law), or arbitrary and capricious under (U.S. Administrative Procedure Act and New York State law).

Related Topics:
Judicial review - Fairness - Ultra vires - Patently unreasonable - '' Wednesbury '' unreasonable - Administrative Procedure Act

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The powers to review administrative decisions are usually established by statute, but were originally developed from the royal prerogative writs of English law, such as the writ of mandamus and the writ of certiorari.

Related Topics:
Prerogative writ - English law - Mandamus - Certiorari

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Administrative law in the United States

Main Article: American administrative law

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In the United States legal system, many government agencies are organized under the executive branch of government, rather than the judicial or legislative branches. The departments under the control of the executive branch, and their sub-units, are often referred to as executive agencies. The so-called executive agencies can be distinguished from the many important and powerful independent agencies, that are created by statutes enacted by the U.S. Congress. Congress has also created Article I judicial tribunals to handle some areas of administrative law.

Related Topics:
United States - Government agencies - Executive branch - Government - Judicial - Legislative branch - Departments - Independent agencies - Statutes - U.S. Congress - Article I judicial tribunals

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The actions of executive agencies independent agencies are the main focus of American administrative law. In response to the rapid creation of new independent agencies in the early twentieth century (see discussion below),Congress enacted the Administrative Procedure Act (APA) in 1946. Many of the independent agencies operate as miniature versions of the tripartite federal government, with the authority to "legislate" (through rulemaking), "adjudicate" (through administrative hearings), and to "execute" administrative goals (through agency enforcement personnel). Because the United States Constitution sets no limits on this tripartite authority of administrative agencies,Congress enacted the APA to establish fair administrative law procedures to comply with the requirements of Constitutional due process.

Related Topics:
Executive agencies - Independent agencies - Twentieth century - Congress - Administrative Procedure Act - 1946 - Tripartite federal government - Rulemaking - "adjudicate" - "execute" - United States Constitution - Due process

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The dominant U.S. Supreme Court case in the field of American administrative law is Chevron, Inc. v. Natural Resources Defense Council, Inc., {{ussc|467|837|1984}}.

Related Topics:
U.S. Supreme Court - Chevron, Inc. v. Natural Resources Defense Council, Inc.

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Historical development

In his book, Administrative Law & Regulatory Policy (3d Ed., 1992) (Admin. Law & Reg. Policy ), U.S. Supreme Court Justice Stephen Breyer divides the history of administrative law in the United States into six discrete periods:

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• English antecedents & the American experience to 1875
• 1875 - 1930: the rise of regulation & the traditional model of administrative law
• The New Deal
• 1945 - 1965: the Administrative Procedure Act & the maturation of the traditional model of administrative law
• 1965 - 1985: critique and transformation of the administrative process
• 1985 - ?: retreat or consolidation