Analysis of the Administrative Law Making Process in the US
Administrative law of the US includes many different legal processes and protocols that govern the government agencies the rules also feature the county, state and the federal agencies. The law has the power to direct duties and the permitted rank and the evaluations of the legal assistances. In the US, the law states that the organizations are given authority by the assembly this is for them to act as representatives of the officials. Besides, the law is not entirely used for legal purposes alone it also deals with governmental functions and the community strategies like investment, the health sector, and transportation (Shapiro, 2001). Moreover, the agencies have keen places that it deals with which include the adjudication, rulemaking, investigations and the legal liabilities and strategies and law enforcement. Seemingly, in the US, the federal agencies are very significant because they tackle some issues of the country like telecommunication, financial market, and racial discrimination (Shapiro, 2001). Moreover, administrative law is mostly referred as governance because it contains and does many functions such as the public management control.
Sources of Administrative Law and How Regulatory Agencies Carry Out the Law
Sources of Administrative Law
Notably, there are many sources of administrative laws like the Constitution, Statutes, Ordinances and judicial decisions, but the primary sources of governmental requirements include law and statutes. Additionally, the sources are further explained as follows; statute law is an extensive source of the power of the executive. Consequently, the law constitutes of two terms which are the act of parliament and substitute bill (Stewart, 1975). The act of parliament is further divided into public general acts and private acts, therefore rendering statutes as sensitive sources of the law. On the other hand, a constitution deals with executives’ interpretations and strengths of the officials during harmony and crisis.
How Regulatory Agencies carry Out the Administrative Law
The formation of regulatory bodies in the US was for setting standards for specific fields of activities as well as implementing the values away from the management administrator. The regulatory authorities conduct the laws through conducting of hearings and the elevation of just employment and clients’ safety. Also, takes care of the customers’ parcels, brands, and promotion of merchandises. The agencies also give out licenses to individuals intending to engage themselves in export trade. Moreover, it regulates the collection and circulation of credit information from individuals. Furthermore, some of the examples of agencies in the US include Federal Trade Commission (FTC) and Federal Communication Commission (FCC) (Stewart, 1975).
How Regulatory Law Functions about Businesses in the US
Recently, companies have been setting up projects for the protection of the consumers. Also, the companies have embraced the use of federal regulatory agencies for the purpose of successively operating the business development; safeguard their ethics and the professional business practices (Cho & Patten, 2007). Seemingly, there are four types of organizations that deal with the regulation of business. The regulatory agencies include;
Consumer Product Safety Commission (CPSC). CPSC mainly deals with the protection of the public from unexpected and meaningless risks of damages or death from the creators of products.
Environmental Protection Agency (EPA). It deals with the preservation of environment that is by establishing and imposing of standardized pollution; it also observes the amount of insecticides used with the company. The observation of the pesticide use is for the regulation of the number to be using not to exceed the required amount. Moreover, it fines companies who spoil or discharge harmful materials in the water sources (Aglietta, 2000).
Equal Employment Opportunity Commission (EEOC). EEOC protects the employees against any form of discrimination in the firms. It is also against bad treatment of employees or being differentiated because of one’s color, race, gender, and religion.
Federal Deposit Insurance Corporation (FDIC). It handles everything to do with the management of the business, by insuring bank deposits, approving of mergers, auditing of banking practices and protection of clients against unpleasant commercial performance (Aglietta, 2000).
Discussion of the Rule Making Authority of Administrative Bodies and their Effects on US Business
The rules first pass through the Congress before being taken to the regulatory agencies for actions and for the company to issue its regulations. The body takes time surveying the areas of its responsibilities then makes a decision on what will be the active practice to be used in their field line (Cashore, 2002). Also, before implementing a rule, the agencies need to know the issues facing a company or country then identifying the goals of achieving in rulemaking.
Effects of Rule Making Authority of Administrative Bodies on US Business
The legislative rule affects businesses because they do not let the firms use the power of discretion. They also keep on introducing new standards and obligations for companies and individuals (Cashore, 2002). Also, the general agency statement is a policy statement. Therefore, it has no regulation or guide.
In conclusion, administrative laws have their positive and negative sides, in which their positive side is that they safeguard and protect the interests of individuals, companies, and the government. It is also noted that it takes care of the environment and the water; also, it has penalties like fines for people who do not follow instructions.
References
Aglietta, M. (2000). A theory of capitalist regulation: The US experience (Vol. 28). Verso.
Cashore, B. (2002). Legitimacy and the privatization of environmental governance: How non–state market–driven (NSMD) governance systems gain rule–making authority. Governance, 15(4), 503-529.
Cho, C. H., & Patten, D. M. (2007). The role of environmental disclosures as tools of legitimacy: A research note. Accounting, Organizations and Society, 32(7), 639-647.
Shapiro, M. (2001). Administrative law unbounded: Reflections on government and governance. Indiana Journal of Global Legal Studies, 369-377.
Stewart, R. B. (1975). The reformation of American administrative law. Harvard Law Review, 1667-1813.
