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Encyclopedia > Administrative law
Administrative law in the United States often relates to, or arises from, so-called "independent agencies"- such as the Federal Trade Commission ("FTC"). Here is FTC's headquarters in Washington D.C.
Administrative law in the United States often relates to, or arises from, so-called "independent agencies"- such as the Federal Trade Commission ("FTC"). Here is FTC's headquarters in Washington D.C.

Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies of government. Urska likes to study administration law which is why she is unable to come to Smyth's to celebreate Leo's birth'ay.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 national 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. Image File history File linksMetadata 250px-HQFTC.jpg picture of FTC building in Washington D.C.., taken from gov. ... Image File history File linksMetadata 250px-HQFTC.jpg picture of FTC building in Washington D.C.., taken from gov. ... FTC headquarters, Washington, D.C. The Federal Trade Commission (or FTC) is an independent agency of the United States government, established in 1914 by the Federal Trade Commission Act. ... Aerial photo (looking NW) of the Washington Monument and the White House in Washington, DC. Washington, D.C., officially the District of Columbia (also known as D.C.; Washington; the Nations Capital; the District; and, historically, the Federal City) is the capital city and administrative district of the United... Lady Justice or Justitia is a personification of the moral force that underlies the legal system (particularly in Western art). ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... In administrative law, rulemaking refers to the process that executive agencies use to create, or promulgate, regulations. ... Adjudication is the legal process by which a arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. ... For the band, see The Police. ... A regulation is a legal restriction promulgated by government administrative agencies through rulemaking supported by a threat of sanction or a fine. ... This article or section does not adequately cite its references or sources. ... A tribunal is a generic term for any body acting judicially, whether or not it is called a tribunal in its title. ... Wooden boards as used in construction. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... A regulation is a legal restriction promulgated by government administrative agencies through rulemaking supported by a threat of sanction or a fine. ... International trade is the exchange of goods and services across international boundaries or territories. ... Manufacturing, a branch of industry, is the application of tools and a processing medium to the transformation of raw materials into finished goods for sale. ... Broadcasting is the distribution of audio and/or video signals which transmit programs to an audience. ... (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s The 20th century lasted from 1901 to 2000 in the Gregorian calendar (often from (1900 to 1999 in common usage). ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ...

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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 affect the legal rights of members of a particular group or entity. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Judicial review is the power of a court to review a law or an official act of a government employee or agent for constitutionality or (in some jurisdictions) for the violation of basic principles of justice. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... In administrative law, rulemaking refers to the process that executive agencies use to create, or promulgate, regulations. ... A non-profit organization (abbreviated NPO, or non-profit or not-for-profit) is an organization whose primary objective is to support an issue or matter of private interest or public concern for non-commercial purposes, without concern for monetary profit. ...


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. A trial at the Old Bailey in London as drawn by Thomas Rowlandson and Augustus Pugin for Ackermanns Microcosm of London (1808-11). ... A court of general jurisdiction is one that has the authority to hear cases of all kinds - criminal, civil, family, probate, and so forth. ... Judicial review is the power of a court to review a law or an official act of a government employee or agent for constitutionality or (in some jurisdictions) for the violation of basic principles of justice. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... Fundamental justice is a term in Canadian administrative law that signifies those basic procedural rights that are afforded anyone or anybody facing an adjudicative process or procedure that affects fundamental rights. ...


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 of India, has also recognized two more grounds of judicial review which were recognized but not applied by English Courts viz. legitimate expectation and proportionality. Judicial review is the power of a court to review a law or an official act of a government employee or agent for constitutionality or (in some jurisdictions) for the violation of basic principles of justice. ... Justice is a concept involving the fair and moral treatment of all persons, especially in law. ... Ultra vires is a Latin phrase that literally means beyond the power. ... Patently unreasonable or the patent unreasonableness test is a legal test created by common law and used in Canada by a court performing judicial review of administrative decisions. ... Wednesbury unreasonableness is a term that is used to refer to the principle enunciated in the British case of Associated Provincial Picture Houses v. ... The federal Administrative Procedure Act (APA) of 1946 governs the way in which administrative agencies of the United States federal government may propose and establish regulations. ... The Supreme Court of India is the highest court of the land as established by Part V, Chapter IV of the Constitution of India. ... In English law, the concept of legitimate expectation arises from administrative law, a branch of public law. ... This article is about proportionality, the political maxim. ...


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. 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. In English law, the prerogative writs are a class of writs originally available only to the Crown, but which were later made available to the kings subjects through the courts. ... English law is a formal term of art that describes the law for the time being in force in England and Wales. ... A writ of mandamus or simply mandamus, which means we order in Latin, is the name of one of the prerogative writs and is a court order directing someone, most frequently a government official, to perform a specified act. ... Certiorari (pronunciation: sÉ™r-sh(Ä“-)É™-ˈrer-Ä“, -ˈrär-Ä“, -ˈra-rÄ“) is a legal term in Roman, English and American law referring to a type of writ seeking judicial review. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Judicial review is the power of a court to review a law or an official act of a government employee or agent for constitutionality or (in some jurisdictions) for the violation of basic principles of justice. ... The Politics series Politics Portal This box:      In law, the judiciary or judicial is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ...


Administrative law in Australia

Australian administrative law encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies of the Australian government. ...

Administrative law in Canada

Canadian administrative law is the body of law in Canada addressing the actions and operations of governments and governmental agencies. ...

Administrative law in the United States

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. The administrative law of the United States encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies in the United States. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... The executive is the branch of a government charged with implementing, or executing, the law and running the day-to-day affairs of the government or state. ... The judiciary, also referred to as the judicature, consists of justices, judges and magistrates among other types of adjudicators. ... The United States Federal Executive Departments are among the oldest primary units of the executive branch of the federal government of the United States—the Departments of State, War, and the Treasury all being established within a few weeks of each other in 1789. ... The executive is the branch of a government charged with implementing, or executing, the law and running the day-to-day affairs of the government or state. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... Independent agencies of the United States government are those that exist outside of the departments of the executive branch. ... A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... The Congress of the United States is the legislative branch of the federal government of the United States of America. ... In the United States, federal courts or tribunals can be classified as either Article I tribunals or Article III tribunals. ...


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; see Federal Register and Code of Federal Regulations), "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. An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... Independent agencies of the United States government are those that exist outside of the departments of the executive branch. ... Independent agencies of the United States government are those that exist outside of the departments of the executive branch. ... (19th century - 20th century - 21st century - more centuries) Decades: 1900s 1910s 1920s 1930s 1940s 1950s 1960s 1970s 1980s 1990s The 20th century lasted from 1901 to 2000 in the Gregorian calendar (often from (1900 to 1999 in common usage). ... The Congress of the United States is the legislative branch of the federal government of the United States of America. ... The federal Administrative Procedure Act (APA) of 1946 governs the way in which administrative agencies of the United States federal government may propose and establish regulations. ... 1946 (MCMXLVI) was a common year starting on Tuesday. ... Independent agencies of the United States government are those that exist outside of the departments of the executive branch. ... Federal courts Supreme Court Chief Justice Associate Justices Elections Presidential elections Midterm elections Political Parties Democratic Republican Third parties State & Local government Governors Legislatures (List) State Courts Counties, Cities, and Towns Other countries Politics Portal      The government of the United States of America, established by the U.S. Constitution, is... In administrative law, rulemaking refers to the process that executive agencies use to create, or promulgate, regulations. ... The Federal Register contains most routine publications and public notices of United States government agencies. ... The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the Federal Government of the United States. ... Adjudication is the legal process by which a arbiter or judge reviews evidence and argumentation including legal reasoning set forth by opposing parties or litigants to come to a decision which determines rights and obligations between the parties involved. ... Wikisource has original text related to this article: Constitution of the United States of America Page one of the original copy of the Constitution. ... An agency is a department of a local or national government responsible for the oversight and administration of a specific function, such as a customs agency or a space agency. ... The Congress of the United States is the legislative branch of the federal government of the United States of America. ... The federal Administrative Procedure Act (APA) of 1946 governs the way in which administrative agencies of the United States federal government may propose and establish regulations. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life...


The dominant U.S. Supreme Court case in the field of American administrative law is Chevron U.S.A. v. Natural Resources Defense Council, 467 U.S. 837 (1984). The Supreme Court Building, Washington, D.C. The Supreme Court Building, Washington, D.C., (large image) The Supreme Court of the United States, located in Washington, D.C., is the highest court (see supreme court) in the United States; that is, it has ultimate judicial authority within the United States... Holding Courts must defer to administrative agency interpretations of the authority granted to them by Congress (1) where the grant of authority was ambiguous, and (2) where the interpretation was reasonable or permissible. ...


The American Bar Association's official journal concerning administrative law is the Administrative Law Review. American Bar Associations Washington, DC office The American Bar Association (ABA) is a voluntary bar association of lawyers and law students, which is not specific to any jurisdiction in the United States. ... The Administrative Law Review (ALR) is published four times annually by the students of the Washington College of Law in conjunction with the American Bar Associations Section of Administrative Law and Regulatory Practice. ...


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: Stephen Gerald Breyer (born August 15, 1938) is an American attorney, political figure, and jurist. ...

  • 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

The federal Administrative Procedure Act (APA) of 1946 governs the way in which administrative agencies of the United States federal government may propose and establish regulations. ...

Administrative law in civil law countries

Unlike most Common-law jurisdictions, the majority of civil law jurisdictions have specialized courts or sections to deal with administrative cases which, as a rule, will apply procedural rules specifically designed for such cases and different from that applied in private-law proceedings, such as contract or tort claims. Civil law or continental law is the predominant system of law in the world. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Tort is a legal term that means a civil wrong, as opposed to a criminal wrong, that is recognized by law as grounds for a lawsuit. ...


France

In France, most claims against the national or local governments are handled by administrative courts, which use the Conseil d'État as a court of last resort. Greece, as a civil law country has administrative courts. ... In France, the Conseil dÉtat (English: Council of State and sometimes Counsel of State) is an organ of the French national government. ...


Germany

In Germany, the highest administrative court for most matters is the federal administrative court Bundesverwaltungsgericht. There are federal courts with special jurisdiction in the fields of social security law (Bundessozialgericht) and tax law (Bundesfinanzhof). The Federal Administrative Court (Bundesverwaltungsgericht) is one of the five federal supreme courts of Germany. ... This article needs to be wikified. ... The Federal Finance Court (Bundesfinanzhof) is one of the five federal supreme courts of Germany. ...


The Netherlands

In The Netherlands, administrative law provisions are usually contained in separate laws. There is however a single General Administrative Law Act ("Algemene Wet Bestuursrecht" or AWB) that applies both to the making of administrative decisions and the judicial review of these decisions in courts. On the basis of the AWB, citizens can oppose a decision ('besluit') made by a public body ('bestuursorgaan') within the administration and apply for judicial review in courts if unsuccessful.


Unlike France or Germany, there are no special administrative courts of first instance in the Netherlands, but regular courts have an administrative "sector" which specializes in administrative appeals. The courts of appeal in administrative cases however are specialized depending on the case, but most administrative appeals end up in the Judicial Section of the Council of State (Raad van State). The Council of State is the name of an organ of government in many states, and especially in republics. ...


In addition to the system described above there is another part of administrative law which is called "administratief beroep" (administrative appeal). This procedure is available only if the law on which the primary decision is based specifically provides for it and involves an appeal to a higher ranking administrative body. If administrative appeal is available, no appeal to the judicial system may be made. It has been suggested that Mandate (law) be merged into this article or section. ... It has been suggested that Mandate (law) be merged into this article or section. ...


  Results from FactBites:
 
Administrative law - Wikipedia, the free encyclopedia (1152 words)
Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies of government.
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.
  More results at FactBites »

 
 

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