What Is Administrative Law? A Beginners Guide

What is administrative law for the people who are interested? Well, it might look to you like this is a big deal until you realize that this issue is such a big problem to some people. That said, it is only right that someone comes up with proper information regarding this issue.

If you are a Lawyer, for instance, you might find interest in knowing exactly what administrative law is. There has been so much information about and around this issue for some time now. For the people who are interested, it is only right that proper information comes out around this issue.

This is exactly what this discussion is all about. The article takes a look at what exactly administrative law is. It is essential to understand that administrative law varies from one country to the other from various parts of the world. In this article, much of the focus will be directed towards the administrative laws in the USA.

It also should be noted that the administrative law in the USA is not so different from the parts of the world. This means the basics of administrative law are pretty much the same. That said, it is now time to look into what administrative law is and look at some other essential things about the same.

Administrative law

The notes of the administrative law state that this is a branch of public law that is mainly concerned with procedures. These procedures could include rules as well as government agencies. Administrative law in many cases deals with administrative agencies like decision-making capabilities and others. One perfect example is the operation as well as regulation of social security administration.  

In a nutshell, it can be said that administrative law is that branch of law that is somehow nebulous. This law is created to specifically deal with a large government array program. The administrative law systems in many places govern agencies as well as commissions and boards.  

In many cases, the public interacts with the administrative law when there is some kind of public benefit. In case these benefits are denied intentionally then public law might come into effect. One perfect example of such a case is when the government strips a family of their stamp benefits.  

In such a case, the family might have to seek the services of an administrative lawyer. There are also other cases where administration comes into play which includes Labor commissions, unemployment commissions, and others.  

Administrative Agencies 

To understand the scope of administrative law, you need to look deeper into the whole concept of administrative agencies. These agencies are also known as regulatory agencies in some parts of the world. The administrative agencies from all over the world operate in cities counties, states as well as federal levels.  

These agencies have powers to authorize benefits, offer licenses, investigate licenses among other functions. The administrative agencies in many cases draw their powers from the government of the day. Therefore, it is right to say that administrative agencies are charged with the role of making sure that public civil rights are protected.  

The Administrative Law Judges

Of course, for the administrative law to work there has to be proper implementation of the laws. To make sure there is an ease in the manner in which the administrative law is administered administrative law judges are trusted with this role. The role of these judges is to make sure that cases regarding this law are heard and determined in the right way.  

The administrative law judges like the other types of judges have powers that go way beyond just listening to disputes. For instance, these judges have the power of administering oaths apart from their primary mandate.  The appointment of these judges is also not so different from that of the other judges. 

Many of them are appointed based on merit. Before their appointment, they undertake an examination where scores are made at the end of it. Those judges that make the cut are normally selected while those that do not are left out. Promotion to the next level is also on these grounds as well, the appointing authority is charged with the responsibility of making sure that there are proper administrative law judges in place.

Administrative Courts 

Most of the administrative law cases are heard in administrative courts except in some exceptional cases. Every state in the US comes with a good number of administrative courts that are tasked with the role of listening to cases coming from these areas. Therefore, if you have an administrative case the right place for you to go will be to an administrative law court.

Here you will be met by some of the best judges who will handle your case. If you feel that your case is weighty then you can look for an administrative law lawyer to help you out. There are quite a number of these lawyers that you can contact if you need help in this regard.  

These lawyers might also charge differently depending on the extent of the case and how long it lasts. If the case is likely to last longer then these lawyers might charge you a higher fee for the same. All that said, if you would like to have your case dealt with in the right way and expedited then these are the Lawyers you need to get in touch with.  

These Lawyers will help you to work on your case and complete it within the right period of time. If you need justice out of it then you will be able to get that at the end of the whole case. They are the best way you can use to get administrative law justice. 

Administrative Law Examples

Administrative law is basically a branch of law that encompasses the rules on organizations that have the responsibility of exercising sovereign power in a given country. This type of agency is expected to either enforce laws that have been made by legislative bodies or the implementation of such laws. The study of the administrative legal system plays a very crucial role in dealing with legal issues relating to the functioning of the government so that there is clear visibility, responsibility and justice in government activities. In order to ascertain how important it is and how relevant it is in the current society, it is necessary to examine some cases of administrative law.

1. Rulemaking Process

In the practice of rulemaking, administrative agencies are involved in developing rules which offer specific procedures on how to deal with the laws that have been enacted. For example, the Environmental Protection Agency (EPA) sets rules for the compliance with environmental regulatory measures such as the clean air act. It mandates filing of notice, time for comments and review with standing airing to the public to participate in the formulation of the regulations.

2. Adjudication

An administrative agency will engage in what can be referred to as an ‘adjudicative process’ so as to resolve controversy and ensure that there is compliance with the set laws and policies. The SEC is an American non-legislative regulatory agency that identifies and deals with securities law infringement through hearings. Adjudication is effective in serving the purposes of due process in that people can produce evidence, interrogate witnesses and be facilitated by ALJs to receive a fair determination.

3. Licensing and Permits

Licenses and permits are normally issued by administrative agencies with an intention of controlling various activities, such as professional licenses for doctors among others, or construction permits among others are some of the examples. For instance, the Federal Aviation Administration (FAA) issues permits for operators of aircrafts that are in line with safety measures. Licenses remain a crucial factor in ensuring adequate security for the people as well as the sustainable implementation of an appropriate business standard .

4. Investigations and Enforcement

Administrative agencies have the power to probe cases of violations of the laws within its precinct and compel observance of the law. The FTC or the Federal Trade Commission investigates antitrust-related offenses and cases that affect the consumers. With enforcement actions, the agencies involved can penalize offenders; may give fines or sanctions or pursue corrective measures to protect the public interest.

5. Public Participation

The tenets of procedural fairness, therefore, enhance public participation in administrative decision-making to enhance accountability. These are public hearings, seeking public comments, or involving the public in the development of agency rules and policies. This includes the involvement of the different bodies and the stakeholders hence this makes it easier for integral ideas to be incorporated into the overall decision making process.

6. Judicial Review

Administrative Law is concerned with the legal regulation of individuals and entities that work in the administration of public affairs, and some of its principles are judicial review of actions of the agencies, rule-making, and notice and comment provisions. The legislative mandate of the courts is to set aside agency decisions that act beyond the scope of their power granted by the legislations, violate the provision of due process or fail to meet the exercise of arbitrary and capricious test. Judicial review acts as a Bar against discretion of Administrative power and ensures agencies operate with conformity to the law.

Moreover, it is essential that administrative law occupies a unique position of keeping a check on government actions and protecting individuals’ and businesses’ interests. Realizing the working of administrative law one can see how this branch of law shapes regulations, mechanisms of checks and balances as well as legal frameworks of the country. This paper points out the importance of implementing the principles of Administrative Law in a civil community as this promotes sound democracy and will shield the general public against injustice.

Conclusion 

There are so many administrative law notes out there about this kind of law. The text above contains some information about this kind of law which you can read in case you are interested in this kind of law. With the high application of administrative law, you never know when you will need it in life. That is why it is good to know how it works. 

Read Also:

• What Is Immigration Law? A Beginners Guide
• What Are Employment Laws? A Beginner’s Guide
• Why Are Lawyers So Expensive: Things You Need To Know?