Email: Learning Journey: Due Process Administrative State Day 4

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  Today, we review the highlights of our Learning Journey.

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Congratulations! We’ve arrived at the final day of our Learning Journey on procedural due process rights in the context of the administrative state. Let’s review the highlights! What is Procedural Due Process? Procedural due process refers to the protections for citizens against arbitrary actions by administrative agencies that threaten to deprive them of life, liberty, or property. Procedural due process specifically concerns the legal procedures administrative agencies are required to follow during rulemaking and adjudication proceedings. Debates about what is constitutionally required to satisfy procedural due process, as well as whether available procedural due process protections are sufficient, are among the main areas of disputation among scholars and practitioners of administrative law.   Foundations of procedural due process The concept of due process in the United States can trace its foundations to the English Magna Carta of 1215. The Magna Carta limited the power of the king and government to deprive an individual of his rights without judgment by his peers according to the law of the land. The right to judicial proceedings according to the law of the land developed into the phrase "due process of law." The U.S. Constitution and the 1946 Administrative Procedure Act (APA), among other sources, establish due process protections for citizens during administrative rulemaking and adjudication processes. These protections are designed to prevent administrative agency violations of individual rights.   What does procedural due process look like in the adjudication process? The APA established rulemaking processes that enable federal agencies to amend, repeal, or create administrative regulations. Procedural due process in administrative rulemaking includes fair notice of agency regulatory activity and the opportunity for members of the public to offer feedback on proposed regulations. Procedural due process in the administrative adjudication process is less defined. No one-size-fits-all procedural due process blueprint exists for agencies to follow during adjudication proceedings. Instead, the requirements of procedural due process in agency adjudication in practice tend to vary according to the specific circumstances of the case at hand. For example, model requirements put forth by Judge Henry Friendly include an unbiased tribunal, notice of the proposed action, and the opportunity to be represented by counsel, among others.   Thank You! Thank you for joining us on this Learning Journey! We hope that you will join us on other Learning Journeys to broaden your knowledge about the administrative state.

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