Chapter One
Introduction
Administrative law can be defined as the organ of the constitutional provisions, court decisions, statutes and the orders of the executive as well as other directive officials who are involved in regulating agencies’ procedures used for making policy rules, enforcing of the laws and regulations and the governing of administrative transparency.
Discretion and delegation are two main reasons for having the administrative law. Discretion is used by the administrators in the policies and standards formulation. The administrative agencies exercise discretion greatly in laws enforcement and implementation as well as other regulations. Delegation is preferred by the legislatures since it assists them to assign their complex and cumbersome public policy tasks to their subordinates because it is making amendment of the legislation difficult for them to adopt.
Administrative law decision making
It may either be formal or informal. Formal decisions are those whose procedures are regulated by administrative law such as adjudication and rule making. Those questions which involve organizational inspection are termed informal decision and they are regulated by individual protocol. The administrative decisions can be classified as prospective, retrospective and present-tense. Prospective decisions apply to future events; Retrospective decisions involve individuals, firms, groups, governmental unit or entity behavior; Present tense decisions involve questions which comply with the regulatory requirement.
Procedural and Substantive Review
This decision making reviews has a major aim of balancing competing concerns. To review agency decisions, administrative law focuses on four venues. First, the agency itself may avail the review. Second, review by specific unit within executive branch may be provided by administrative law. Third, the scope of judicial review may be provided by administrative law statute and finally, there exist congress procedures and other state legislatures used for reviewing decisions for agency rule-making.
U.S development of administrative laws
The component of substantial administrative began in the year 1870s and 1880s as a result of too much formulation of policy and implementation.
References
Rosenbloom, D. H. (2003). Administrative Law for Public Managers. Colorado: Westview Press.
