What Is Administrative Law?

Administrative law, also known as regulatory law, is created and enforced by some type of administrative government body. From whom the law derives its power to set and enforce regulations depends on whether the agency is executive.

An Administrative Government body may act through rulemaking, adjudication, or by enforcing a specific regulatory agenda. Administrative law is technically considered a branch of public law.

Administrative 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 worldwide created more government agencies to regulate the increasingly complex social, economic and political spheres of human interaction.

Administrative Law in Common Law Countries

In most countries practicing the principles of common law, procedures have been developed that limit the judicial review of administrative legal decisions. Many times these procedures are paired with legislation or other doctrines that establish standards for proper rulemaking.

Administrative law also may apply to the review of decisions in so- called quasi-public bodies, such as disciplinary boards, non-profit corporations and other bodies that affect the legal rights of members in a particular group or entity.

While larger governmental units generally control administrative decision-making bodies, their decisions could be reviewed by a court of general jurisdiction under certain principles of judicial review based on due process or fundamental justice.

Judicial review may be limited to certain questions of fairness, or whether the action is ultra vires. The scope of judicial review may be limited to certain questions of fairness, or whether the administrative action is ultra vires. In ultra vires situations, a reviewing court may set aside an administrative decision if it is patently unreasonable, Wednesbury unreasonable, or arbitrary and capricious. In India, Administrative law has also recognized two more grounds of judicial review, legitimate expectation and proportionality.

The powers to review administrative decisions usually are established by statute, but originally were created from prerogative writs of English law. India, Pakistan, and certain other Common Law jurisdictions have the constitutional power to pass such writs. Such power is seen as fundamental to the power of judicial review and a major aspect of independent judiciary.

Administrative Law in the United States

In the American legal system, most government agencies are organized under the executive branch of the government, rather than 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 and sub-departments under the control of the executive branch are most often referred to as executive agencies. Executive agencies are distinguished from the large number of powerful and important independent agencies that are created by US Congressional statutes. Congress also created Article I judicial tribunals to handle certain areas of administrative law.

American administrative law is mainly focused on the actions of executive agencies. In response to the fast growing amount of new independent agencies in the early 1900's, Congress enacted the Administrative Procedure Act in 1946.

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 independent agencies operate as miniature versions of the tripartite federal government, with the authority to legislate, adjudicate and execute without Constitutional limitation. The Administrative Procedure Act was put in place to establish fairness through administrative law procedures and to comply with the requirements of Constitutional due process.

About James Setlzer

James Seltzer is an attorney with over 30 years of experience and expertise in administrative and securities law. He is the founder of The Law Offices of James Jay Seltzer in Emeryville, California.