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Administrative law

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Administrative State
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See also: Administrative state

In the United States, administrative law and regulatory law refer to the laws, executive documents, and judicial decisions that concern the operation of government agencies as well as the regulations and decisions issued by such agencies. Legislative bodies authorize agencies to administer government programs, issue regulations through rulemaking, and conduct other activities such as licensing and adjudication.[1][2][3][4][5][6][7]

Background

A government agency is created when a legislative body such as Congress, a state legislature, or a local legislative body passes a law known as an organic statute. Organic and enabling statutes can authorize agencies to administer government programs, issue regulations or licenses, or conduct other activities. Agencies issue rules through a process called rulemaking and settle disputes with or between private parties through a process called adjudication. At the federal level, requirements for agency rulemaking, adjudication, licensing, and other activities were established in 1946 by the Administrative Procedure Act. Federal agencies publish proposed and final rules, announcements, requests for comment, and other documents in the Federal Register. Federal regulations are codified in the Code of Federal Regulations.[1][6][4][7]

Definitions

The Legal Information Institute, a project of the Cornell Law School, provided the following definition of administrative law in its online legal dictionary and encyclopedia as of October 2017:[2]

“ Branch of law governing the creation and operation of administrative agencies. Of special importance are the powers granted to administrative agencies, the substantive rules that such agencies make, and the legal relationships between such agencies, other government bodies, and the public at large.[8] ”
—Legal Information Institute, "Administrative Law"[2]

Investopedia, an online financial and business encyclopedia, provided the following definition of administrative law as of October 2017:[3]

“ The body of law that governs the administration and regulation of government agencies (both federal and state). Created by Congress (or the state legislature) it encompasses the procedures under which these agencies operate as well as external constraints upon them. Administrative law is considered a branch of public law and is often referred to as regulatory law.[8] ”
—Investopedia, "Administrative Law"[3]

HG.org, a law and government information site, offered the following definition of administrative law as of October 2017:[4]

“ It covers a wide and varied area of practice, encompassing many different types of governmental legal procedures and regulations, and is not easily defined. Much of government and its public programs operate largely through various agencies on different levels: federal, state, county, and city. These agencies are also known as boards, commissions, departments, and divisions.[8] ”
—HG.org, "Administrative Law"[4]

See also

External links

Footnotes

  1. ↑ 1.0 1.1 Loyola University Chicago, School of Law Library, "First Year Legal Research Guide: Administrative Law," accessed October 16, 2017
  2. ↑ 2.0 2.1 2.2 Legal Informaiton Institute, "Administrative Law," accessed October 12, 2017
  3. ↑ 3.0 3.1 3.2 Investopedia, "Administrative Law," accessed October 12, 2017
  4. ↑ 4.0 4.1 4.2 4.3 HG.org, "Administrative Law," accessed October 16, 2017
  5. ↑ Dictionary.com, "Administrative law," accessed October 12, 2017
  6. ↑ 6.0 6.1 FindLaw, "What is Administrative Law?" accessed October 16, 2017
  7. ↑ 7.0 7.1 Encyclopaedia Britannica, "Administrative law," March 30, 2011
  8. ↑ 8.0 8.1 8.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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The Administrative State
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Pillars
Reporting
Laws
Administrative Procedure Act • Antiquities Act • Civil Service Reform Act • Clayton Antitrust Act • Communications Act of 1934 • Congressional Review Act • Electronic Freedom of Information Act • Federal Food, Drug, and Cosmetic Act of 1938 • Federal Housekeeping Statute • Federal Reserve Act • Federal Trade Commission Act of 1914 • Freedom of Information Act • Government in the Sunshine Act • Independent Offices Appropriations Act of 1952 • Information Quality Act • Interstate Commerce Act • National Labor Relations Act • Paperwork Reduction Act • Pendleton Act • Privacy Act of 1974 • Regulatory Flexibility Act • REINS Act • REINS Act (Wisconsin) • Securities Act of 1933 • Securities Exchange Act of 1934 • Sherman Antitrust Act • Small Business Regulatory Enforcement Fairness Act • Truth in Regulating Act • Unfunded Mandates Reform Act
Cases
Abbott Laboratories v. Gardner • A.L.A. Schechter Poultry Corp. v. United States • Association of Data Processing Service Organizations v. Camp • Auer v. Robbins • Chevron v. Natural Resources Defense Council • Citizens to Preserve Overton Park v. Volpe • Federal Trade Commission (FTC) v. Standard Oil Company of California • Field v. Clark • Food and Drug Administration v. Brown and Williamson Tobacco Corporation • Humphrey's Executor v. United States • Immigration and Naturalization Service (INS) v. Chadha • J.W. Hampton Jr. & Company v. United States • Lucia v. SEC • Marshall v. Barlow's • Massachusetts v. Environmental Protection Agency • Mistretta v. United States • National Federation of Independent Business (NFIB) v. Sebelius • National Labor Relations Board v. Noel Canning Company • National Labor Relations Board v. Sears, Roebuck & Co. • Panama Refining Co. v. Ryan • Securities and Exchange Commission v. Chenery Corporation • Skidmore v. Swift & Co. • United States v. Lopez • United States v. Western Pacific Railroad Co. • Universal Camera Corporation v. National Labor Relations Board • Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council • Wayman v. Southard • Weyerhaeuser Company v. United States Fish and Wildlife Service • Whitman v. American Trucking Associations • Wickard v. Filburn • Wiener v. United States
Terms
Adjudication (administrative state) • Administrative judge • Administrative law • Administrative law judge • Administrative state • Arbitrary-or-capricious test • Auer deference • Barrier to entry • Bootleggers and Baptists • Chevron deference (doctrine) • Civil servant • Civil service • Code of Federal Regulations • Codify (administrative state) • Comment period • Compliance costs • Congressional Record • Coordination (administrative state) • Deference (administrative state) • Direct and indirect costs (administrative state) • Enabling statute • Ex parte communication (administrative state) • Executive agency • Federal law • Federal Register • Federalism • Final rule • Formal rulemaking • Formalism (law) • Functionalism (law) • Guidance (administrative state) • Hybrid rulemaking • Incorporation by reference • Independent federal agency • Informal rulemaking • Joint resolution of disapproval (administrative state) • Major rule • Negotiated rulemaking • Nondelegation doctrine • OIRA prompt letter • Organic statute • Pragmatism (law) • Precautionary principle • Promulgate • Proposed rule • Publication rulemaking • Regulatory budget • Regulatory capture • Regulatory dark matter • Regulatory impact analysis • Regulatory policy officer • Regulatory reform officer • Regulatory review • Rent seeking • Retrospective regulatory review • Risk assessment (administrative state) • Rulemaking • Separation of powers • Significant regulatory action • Skidmore deference • Statutory authority • Substantive law and procedural law • Sue and settle • Sunset provision • Unified Agenda of Federal Regulatory and Deregulatory Actions • United States Code • United States Statutes at Large
Bibliography
Agencies
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