Administrative Law
Administrative law refers to the body of law that governs the activities of administrative agencies of government. It encompasses the rules, regulations, and decisions made by these agencies, as well as the legal principles that guide their actions. Administrative law also includes the process for challenging administrative decisions through mechanisms such as judicial review.
4 Key excerpts on "Administrative Law"
eBook - ePub- Dimitrios Kyritsis, Stuart Lakin, Dimitrios Kyritsis, Stuart Lakin(Authors)
- 2022(Publication Date)
- Hart Publishing(Publisher)
...Administrative Law 14 Common Understandings of Administrative Law MATTHEW LEWANS * I. INTRODUCTION A dministrative law can be a mysterious subject. When constitutional lawyers construct a theory about legislation, they can lean on the familiar doctrine of parliamentary sovereignty to explain why statutes impact our understanding about what the law requires. Likewise, when they develop a theory about the common law, they can rely on a rich history of common law adjudication to explain how unwritten legal principles impact legal interpretation. By contrast, constitutional lawyers tend to approach the topic of Administrative Law indirectly, by asserting that the legality of administrative decisions is grounded either by a formal statutory delegation of discretionary power or by substantive alignment between the merits of an administrative decision and judicial interpretations of law. 1 Thus, instead of generating a theory of administrative decisions qua law to complement theories of legislation and the common law within an institutionally complex constitutional order, theoretical debates about Administrative Law revolve around whether judicial review of administrative decisions is necessarily justified by parliamentary intent or common law principles. In this chapter, I will identify and critique different conceptions of Administrative Law, and the different methods scholars use to understand this phenomenon. When viewed in isolation, each of these perspectives can be characterised as reflecting either descriptive or normative modes of scholarship; however, all of them can be situated within a broader, overarching intellectual history of constitutional theory. Thus, in order to identify and explain different methods for understanding Administrative Law, I will employ an historical method of exposition to better understand and critique these different perspectives...
eBook - ePubEnglish Legal System
An Emerald Guide
- (Author)
- 2015(Publication Date)
- Straightforward Publishing Digital(Publisher)
...1 The Framework of Law Law covers a wide variety of areas. There are different categories of law: national law; international law which is divided into public and private law and further sub-categories discussed later. International law International law concerns itself with inter-nation disputes and conflict. This law, in the main, derives from various treaties which have been agreed over time between different governments. National law This is the law which applies within each individual nation. Within national law there is a distinction between public and private law. Public law involves the government or state in some way and private law is concerned with disputes and conflict between individuals and businesses. Public and private law, as mentioned can be further sub-divided. Public law There are three distinct areas of public law: 1. Constitutional law Constitutional law controls and sets out the framework for government, and methods of government. 2. Administrative Law This controls how the ministers of government, both national and local, can operate. A key part of Administrative Law is that of the right to judicial review of decisions made by government. 3. Criminal law Criminal law deals with the types of behaviour, whether individual or on a business level, which are considered outside the boundaries of the general law and accepted moral codes and which are punishable. A person who commits a crime is said to have offended against the State and the State has the right to prosecute them and punish them if found guilty. Private law Private law is usually termed civil law and there are many differing branches. The main ones dealing with everyday matters are family law, contract law, tort (negligence) company law and employment law. Civil law is very different in nature from criminal law...
eBook - ePub- Adrian Vermeule(Author)
- 2016(Publication Date)
- Harvard University Press(Publisher)
...The thing to avoid at all costs is that the executive should issue “binding” orders or rules; where that occurs, the executive is necessarily exercising “legislative” power and has arrogated to itself “extralegal” or “supralegal” prerogative, of the sort claimed by the Stuart monarchs in their most extravagant moments. When Hamburger says Administrative Law is “unlawful,” this, I think, is the way to understand him. He means, in other words, that American Administrative Law is out of step with the deep substantive principles of the small- c constitutional order of the Anglo-American legal culture. Administrative Law allows the executive to exercise “legislative” power by allowing agencies, and the President, to issue “binding” orders and rules, and in that sense allows the agencies a prerogative to act extralegally or supralegally, like the Court of Star Chamber. Administrative Law Is Lawful Even given Hamburger’s reconstructed premises, Administrative Law is lawful. Above all, Hamburger fails to realize that law’s abnegation—especially in its most critical manifestations, evincing a relaxed approach to legislative grants of authority to agencies and judicial deference to agency interpretations of law—flows from law’s own internal logic. The central issue is delegation. The delegation issue hangs over the whole book. Hamburger’s basic charge, recall, is that Administrative Law rests on “prerogative” and is thus “extralegal.” Whatever that means exactly, it would become a far more difficult claim to defend to the extent that Administrative Law enjoys valid statutory authorization. If administrative agencies exercise whatever powers they possess under the authority of valid statutory grants, then they act lawfully in the ordinary sense...
eBook - ePub- Joanna Bell(Author)
- 2020(Publication Date)
- Hart Publishing(Publisher)
...As will be emphasised in the next chapter, such an understanding is overly simplistic. One reason for this is that the legislative schemes which sit in the background of Administrative Law challenges are not of one kind. Some frameworks, especially those in the social welfare context, purport to define the circumstances in which individuals acquire ‘rights’ or ‘entitlements’ to receive particular forms of treatment from administrative decision-makers. To summarise, this chapter has been concerned with the evolution of Administrative Law across the course of the twentieth century. This history is significant and interesting of itself. Furthermore, at least two important lessons of broader importance can also be drawn out from it. The first lesson is that Administrative Law in England and Wales has not developed in a neat and linear way. Administrative Law was not crafted at a particular moment in time to conform to an overarching logic. Its evolution, rather, has been both multifaceted and messy. The second lesson, and one reason for this, is that the legal structures in play in administrative adjudication are both complex and varied. Administrative Law challenges arise against an array of different legislative frameworks; the courts seek to accommodate a variety of different legal values and Administrative Law challenges concern legal relationships of different kinds. An exploration of the field’s modern history, in other words, offers a first glimpse of what this book terms Administrative Law’s complex and varied ‘anatomy’. III. Conclusion This chapter has offered an overview of the development of Administrative Law since the late nineteenth century. The purpose in doing so has not been to provide an exhaustive chronical of every important development over this period...
