| Administrative Law |
Article Index for Administrative |
Articles about Administrative Law |
Website Links For Administrative Law |
Information AboutAdministrative Law |
| CATEGORIES ABOUT ADMINISTRATIVE LAW | |
| administrative lawadministrative law | |
| law by issue | |
| law by forum | |
| public law | |
|
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 . 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. 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). Judicial review of administrative decision, it must be noted, is different from an appeal. When sitting in review of a decision, the Court will only look at the method in which the decision was arrived at, whereas in appeal the correctness of the decision itself will be under question. This difference is vital in appreciating administrative law in common law countries. 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). Administrative law, as laid down by the Supreme Court in India, has also recognized two more grounds of judicial review which were recognized but not applied by English Courts viz. Legitimate Expectation and Proportionality . The powers to review administrative decisions are usually established by statute, but were originally developed from the royal Prerogative Writ s of English Law , such as the writ of Mandamus and the writ of Certiorari . In certain Common Law jurisdictions, such as India or Pakistan , the power to pass such writs is a Constitutionally guaranteed power. This power is seen as fundamental to the power of Judicial Review and an aspect of the independent Judiciary . Administrative law in the United States ''Main Article: American Administrative Law '' In the United States legal system, many Government Agencies are organized under the Executive Branch of Government , rather than the Judicial or Legislative Branch es. 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. 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 . The dominant U.S. Supreme Court case in the field of American administrative law is '' Chevron U.S.A. V. Natural Resources Defense Council '', . The American Bar Association 's official journal concerning administrative law is the Administrative Law Review . 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:
ADMINISTRATIVE LAW IN CIVIL LAW COUNTRIES France In France , most claims against the national or local governments are handled by Administrative Court s, which use the '' Conseil D'État '' as a court of last resort. Germany In Germany , the highest administrative court for most matters is the federal administrative court Bundesverwaltungsgericht . There are federal courts with special judisdiction in the fields of social security law ( Bundessozialgericht ) and tax law ( Bundesfinanzhof ). |
|
|