Administrative law embodies rules that control the exercise of public power so as to ensure the rule of law and respect for the rights and liberty of individuals. The course cluster includes lawmaking by Congress (statutes) and the regulations issued by federal agencies 스토킹전문변호사 under statutory authority.
States and counties also operate agency-like departments and commissions. Those agencies’ powers are defined by their own enabling statutes, so courts give them broad deference in reviewing their decisions.
Legislative Body
The emergence of administrative law is due in part to the complexity of modern-day society and business, which have made it necessary for governmental agencies at all levels to become more involved in regulating business activities. From environmental protection and labor relations to telecommunications regulation and professional licensure, the scope of government intervention in business has expanded significantly. Moreover, the general public has become less averse to governmental involvement in business matters.
At the federal level, administrative law includes a set of laws, regulations and procedures that govern the structure, tasks and actions of governmental agencies. These structures are designed to perform or administer those areas of governance that are too broad, complicated or time-consuming for Congress, the President and his or her staff or the judicial branch to manage on their own.
The agencies in question are usually departments, bureaus, commissions, or other governmental institutions that have been given the power to create and enforce rules to regulate certain areas of business or social issues. These structures also have the authority to adjudicate cases and controversies that arise under those rules. The decisions of these bodies are subject to review by courts under a principle of judicial review that may be based on the principles of due process or fundamental justice. For instance, workers’ compensation boards enact policies and procedures in accordance with the principles of administrative law that govern their operations.
Agency
Many areas of law are heavily regulated, and the administration of those laws is handled by administrative agencies. These are government bodies that implement legislative directives through more precise and technical rules than could be achieved in a legislature, and that have law enforcement responsibilities. They also hear appeals from a variety of civil and criminal matters, including challenges to statutes themselves as well as their application in particular situations.
Administrative law deals with the legal rules and processes that regulate an agency, its decisions, and the relationships between the agency and other governmental bodies and the public at large. Congress delegated authority to agencies through enabling statutes, and the courts interpret those grants of power as a matter of constitutional law.
Regulations (also called “rules”) are the primary law that an agency produces, and they function similarly to statutes. They are published by the Federal Register, which is available for free on GovInfo, and in HeinOnline, Bloomberg Law (from the Regulatory Resources tab), LexisNexis (from the Browse Topics menu located above the search box) and Westlaw (under the All Content tab, click on Regulations).
In addition to knowing the general rules and procedures of an agency, it is also important to understand any particular statutes or other legal principles that govern it. For example, there are rules that require an agency to give notice and opportunity for comment before making a rule, as well as the doctrine of “exhaustion of remedies” which states that a court will uphold a ruling by an administrative body unless it can be shown that the agency was acting in an arbitrary or capricious manner.
Enforcement
Administrative law is the branch of public law that describes the processes, priorities, and procedures of bureaucratic agencies within a government. These agencies have enormous power to interpret congressional laws, enact various rules defining and interpreting those laws, and enforce and adjudicate matters under those laws. Nevertheless, their actions must be constrained by Constitutional and statutory parameters.
Governmental institutions at all levels have become increasingly active in rule making and regulating business activities, and society has generally become less averse to these types of governmental intervention in private affairs (although there is an equivocal counterswing in the pendulum in some places). This proliferation of agency activity requires that specialized laws be established and maintained to govern how those agencies operate.
In the United States, for example, Congress has created administrative bodies with authority to promulgate regulations (“rulemaking”), conduct hearings and issue decisions in an adjudication (adjudication), and investigate and enforce compliance with federal statutes (“investigative powers”). These bodies are subject to a time-honored process of reviewing their rulings by a federal court of appeals.
Local governments may also establish their own agency-like departments and commissions with policy rules and the ability to adjudicate — for example, a city’s civil service department or its ordinances regarding employment disputes. While these entities are often smaller and less complex than their federal counterparts, their operations are governed by the same general statutory and constitutional provisions. Thus, social science research on these entities is important for the better understanding of how law can impact governance and enhance the effectiveness of governmental institutions.
Private Client
Anyone who interacts with government agencies, whether as a private citizen or business, has administrative law issues. For example, a landowner who disputes planning decisions made by the local authority may need to appeal to a specialist tribunal. Businesses and professionals interact with state, local, and federal regulatory agencies ranging from workers’ compensation boards to financial markets oversight bodies. These agencies have growing influence in our daily lives and often have their own policies and procedures that must be governed by administrative law.
In the United States, federal agencies must follow a strict set of procedures to establish their powers and regulate activities. Congress grants agencies their authority through enabling statutes that specify their mission and the scope of their power. These laws also provide courts the framework to review agency actions.
The field of administrative law encompasses a huge number of practice areas. Georgetown Law is fortunate to be in Washington, DC, where students can take advantage of internships, pro bono projects, clinics and job opportunities with a large variety of federal agencies and offices. But it’s important to remember that administrative law extends well beyond the federal level and into state, county and local governments and their agencies. This course prepares students to counsel clients on seeking access to information from government, obtaining reasons for a decision and seeking review of a government agency decision.