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Administrative law is the body of
law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is described by its bounda ...
that governs the activities of
administrative agencies A government or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government The machinery of government (sometimes abbreviated as MoG) is the interconnected structures and processe ...
of
government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Departmen ...

government
. Government agency action can include
rule making In administrative law Administrative law is the body of law that governs the activities of administrative agencies of government A government is the system or group of people governing an organized community, generally a State (pol ...
,
adjudication Adjudication is the legal process by which an arbitration, arbiter or judge reviews evidence (law), evidence and argumentation, including legal reasoning set forth by opposing parties or litigants, to come to a decision which determines rights and ...
, or the
enforcement Enforcement is the process of ensuring compliance with law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and in ...
of a specific
regulatory Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. For ...

regulatory
agenda. Administrative law is considered a branch of
public law Public law is the part of law that governs relations between legal person In law, a legal person is any person or 'thing' (less ambiguously, any legal entity) that can do the things a human person is usually able to do in law – such as ent ...
. Administrative law deals with the decision-making of such administrative units of government as
tribunal A tribunal, generally, is any person or institution Institutions, according to Samuel P. Huntington Samuel Phillips Huntington (April 18, 1927 – December 24, 2008) was an American political scientist, adviser and academic. He spent ...

tribunal
s,
board Board or Boards may refer to: Flat surface * Lumber, or other rigid material, milled or sawn flat ** Plank (wood) ** Cutting board ** Sounding board, of a musical instrument * Cardboard (paper product) * Paperboard *Corrugated fiberboard *Fiberbo ...
s or commissions that are part of a national
regulatory scheme
regulatory scheme
in such areas as
police law Administrative law is the body of law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its en ...
,
international trade International trade is the exchange of capital Capital most commonly refers to: * Capital letter Letter case (or just case) is the distinction between the letters that are in larger uppercase or capitals (or more formally ''majuscul ...
,
manufacturing Manufacturing is the creation or Production (economics), production of goods with the help of equipment, Work (human activity), labor, machines, tools, and chemical or biological processing or formulation. It is the essence of secondary sector ...
, the
environment Environment most often refers to: __NOTOC__ * Natural environment, all living and non-living things occurring naturally * Biophysical environment, the physical and biological factors along with their chemical interactions that affect an organism or ...
,
taxation A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal entity In law Law is a system A system is a group of Interaction, interacting or interrelated elements that act accord ...
,
broadcasting Broadcasting is the distributionDistribution may refer to: Mathematics *Distribution (mathematics) Distributions, also known as Schwartz distributions or generalized functions, are objects that generalize the classical notion of functi ...

broadcasting
,
immigration Immigration is the international movement of people to a destination country A country is a distinct territorial body or political entity A polity is an identifiable political entity—any group of people who have a collective ident ...

immigration
and
transport Transport (in British English British English (BrE) is the standard dialect A standard language (also standard variety, standard dialect, and standard) is a language variety that has undergone substantial codification of grammar and ...

transport
. Administrative law expanded greatly during the twentieth century, as legislative bodies worldwide created more government agencies to regulate the social, economic and political spheres of human interaction. Civil law countries often have specialized
administrative court An administrative court is a type of court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of ...
s that review these decisions.


In civil law countries

Unlike most common law jurisdictions, most
civil law Civil law may refer to: * Civil law (common law) Civil law is a major branch of the law.Glanville Williams. ''Learning the Law''. Eleventh Edition. Stevens. 1982. p. 2. In common law legal systems such as England and Wales and the law of the United ...
jurisdictions have specialized courts or sections to deal with administrative cases that as a rule apply procedural rules that are specifically designed for such cases and distinct from those applied in private law proceedings, such as
contract A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties Image:'Hip, Hip, Hurrah! Artist Festival at Skagen', by Peder Severin Krøyer (1888) Demisted with DXO PhotoLab Clearview ...

contract
or
tort A tort, in common law In law, common law (also known as judicial precedent or judge-made law, or ) is the body of law created by judges and similar quasi-judicial by virtue of being stated in written opinions. ' is the most-used legal dict ...

tort
claims.


Brazil

In
Brazil Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At 8.5 million square kilometers (3.2 million square miles) and with over 211 mill ...

Brazil
, administrative cases are typically heard either by the Federal Courts (in matters concerning the Federal Union) or by the Public Treasury divisions of State Courts (in matters concerning the States). In 1998, a constitutional reform, led by the government of President
Fernando Henrique Cardoso Fernando Henrique Cardoso (; born 18 June 1931), also known by his initials FHC (), is a Brazilian sociologist, professor and politician who served as the 34th President of Brazil from 1 January 1995 to 1 January 2003. He was the first Brazili ...
, introduced regulatory agencies as a part of the executive branch. Since 1988, Brazilian administrative law has been strongly influenced by the judicial interpretations of the constitutional principles of public administration (art. 37 of Federal Constitution): legality, impersonality, publicity of administrative acts, morality and efficiency.


Chile

In
Chile Chile, officially the Republic of Chile, is a country in the western part of South America South America is a entirely in the and mostly in the , with a relatively small portion in the . It can also be described as the southern ...

Chile
the
President of the Republic The President of the Republic is a title used for heads of state A head of state (or chief of state) is the public persona who officially embodies a state Foakes, pp. 110–11 " he head of statebeing an embodiment of the State itself or r ...
exercises the administrative function, in collaboration with several Ministries or other authorities with ''ministerial rank''. Each Ministry has one or more under-secretary that performs through
public services A public service is a Service (economics), service intended to serve all members of a community. Public services include services provided by a government to people living within its jurisdiction, either directly through public sector agencies o ...
the actual satisfaction of public needs. There is not a single specialized court to deal with actions against the Administrative entities, but instead there are several specialized courts and procedures of review.


China (PRC)

Administrative law in the
People's Republic of China China (), officially the People's Republic of China (PRC; ), is a country in East Asia East Asia is the eastern region of Asia Asia () is Earth's largest and most populous continent, located primarily in the Eastern Hemisphere ...

People's Republic of China
was virtually non-existent before the economic reform era initiated by Deng Xiaoping. Since the 1980s, the People's Republic of China has constructed a new legal framework for administrative law, establishing control mechanisms for overseeing the bureaucracy and disciplinary committees for the Communist Party of China. However, many have argued that the usefulness of these laws is vastly inadequate in terms of controlling government actions, largely because of institutional and systemic obstacles like a weak judiciary, poorly trained judges and lawyers, and corruption. In 1990, the Administrative Supervision Regulations (行政检查条例) and the Administrative Reconsideration Regulations (行政复议条例) were passed. The 1993 State Civil Servant Provisional Regulations (国家公务员暂行条例) changed the way government officials were selected and promoted, requiring that they pass exams and yearly appraisals, and introduced a rotation system. The three regulations have been amended and upgraded into laws. In 1994, the State Compensation Law (国家赔偿法) was passed, followed by the Administrative Penalties Law (行政处罚法) in 1996. Administrative Compulsory Law was enforced in 2012. Administrative Litigation Law was amended in 2014. The General Administrative Procedure Law is under way.


France

In
France France (), officially the French Republic (french: link=no, République française), is a transcontinental country This is a list of countries located on more than one continent A continent is one of several large landmasses ...

France
, most claims against the national or local governments as well as claims against private bodies providing public services are handled by
administrative court An administrative court is a type of court A court is any person or institution, often as a government institution, with the authority to Adjudication, adjudicate legal disputes between Party (law), parties and carry out the administration of ...
s, which use the '' Conseil d'État'' (Council of State) as a court of last resort for both ordinary and special courts. The main administrative courts are the ''tribunaux administratifs'' and appeal courts are the ''cours administratives d'appel''. Special administrative courts include the National Court of Asylum Right as well as military, medical and judicial disciplinary bodies. The French body of administrative law is called "''droit administratif''". Over the course of their history, France's administrative courts have developed an extensive and coherent
case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is calle ...
(''jurisprudence constante'') and
legal doctrine A legal doctrine is a framework, set of rules, Procedural law, procedural steps, or Test (law), test, often established through precedent in the common law, through which judgments can be determined in a given legal case. A doctrine comes about w ...
(''principes généraux du droit'' and ''principes fondamentaux reconnus par les lois de la République''), often before similar concepts were enshrined in constitutional and legal texts. These principes include: * Right to fair trial (''droit à la défense''), including for internal disciplinary bodies *Right to challenge any administrative decision before an administrative court (''droit au recours'') *Equal treatment of
public service A public service is a service Service may refer to: Activities :''(See the Religion section for religious activities)'' * Administrative service, a required part of the workload of university faculty * Civil service The civil service is a co ...

public service
users (''égalité devant le service public'') *Equal access to government employment (''égalité d'accès à la fonction publique'') without regard for political opinions *
Freedom of association Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline memb ...
(''liberté d'association'') *Right to Entrepreneurship (''Liberté du Commerce et de l'industrie'', lit. freedom of commerce and industry) *Right to
Legal certainty Legal certainty is a principle in national and international law which holds that the law must provide those subject to it with the ability to regulate their conduct. Definition The legal system needs to permit those subject to the law to regulat ...
(''Droit à la sécurité juridique'') French administrative law, which is the founder of Continental administrative law, has a strong influence on administrative laws in several other countries such as Belgium, Greece, Turkey and Tunisia.


Germany

In Germany administrative law is called "Verwaltungsrecht" , which generally rules the relationship between authorities and the citizens. It establishes citizens' rights and obligations against the authorities. It is a part of the public law, which deals with the organization, the tasks and the acting of the public administration. It also contains rules, regulations, orders and decisions created by and related to administrative agencies, such as federal agencies, federal state authorities, urban administrations, but also admission offices and fiscal authorities etc. Administrative law in Germany follows three basic principles. * Principle of the legality of the authority, which means that there is no acting against the law and no acting without a law. * Principle of legal security, which includes a principle of legal certainty and the principle of non-retroactivity * Principle of proportionality, which means that an act of an authority has to be suitable, necessary and appropriate Administrative law in Germany can be divided into general administrative law and special administrative law.


General administrative law

The general administration law is basically ruled in the administrative procedures law (''Verwaltungsverfahrensgesetz'' wVfG. Other legal sources are the Rules of the Administrative Courts (Verwaltungsgerichtsordnung wGO, the social security code (Sozialgesetzbuch
GB
GB
and the general fiscal law (Abgabenordnung
O
O
.


= Administrative procedures Law

= The ''Verwaltungsverfahrensgesetz'' (VwVfG), which was enacted in 1977, regulates the main administrative procedures of the federal government. It serves the purpose to ensure a treatment in accordance with the rule of law by the public authority. Furthermore, it contains the regulations for mass processes and expands the legal protection against the authorities. The VwVfG basically applies for the entire public administrative activities of federal agencies as well as federal state authorities, in case of making federal law. One of the central clause is § 35 VwVfG. It defines the administrative act, the most common form of action in which the public administration occurs against a citizen. The definition in § 35 says, that an administration act is characterized by the following features: It is an official act of an authority in the field of public law to resolve an individual case with effect to the outside. §§ 36 – 39, §§ 58 – 59 and § 80 VwV––fG rule the structure and the necessary elements of the administrative act. § 48 and § 49 VwVfG have a high relevance in practice, as well. In these paragraphs, the prerequisites for redemption of an unlawful administration act (§ 48 VwVfG ) and withdrawal of a lawful administration act (§ 49 VwVfG ), are listed.


= Other legal sources

= Administration procedural law (Verwaltungsgerichtsordnung wGO, which was enacted in 1960, rules the court procedures at the administrative court. The VwGO is divided into five parts, which are the constitution of the courts, action, remedies and retrial, costs and enforcement15 and final clauses and temporary arrangements. In absence of a rule, the VwGO is supplemented by the code of civil procedure (Zivilprozessordnung PO and the judicature act (Gerichtsverfassungsgesetz VG. In addition to the regulation of the administrative procedure, the VwVfG also constitutes the legal protection in administrative law beyond the court procedure. § 68 VwVGO rules the preliminary proceeding, called "Vorverfahren" or "Widerspruchsverfahren", which is a stringent prerequisite for the administrative procedure, if an action for rescission or a writ of mandamus against an authority is aimed. The preliminary proceeding gives each citizen, feeling unlawfully mistreated by an authority, the possibility to object and to force a review of an administrative act without going to court. The prerequisites to open the public law remedy are listed in § 40 I VwGO. Therefore, it is necessary to have the existence of a conflict in public law without any constitutional aspects and no assignment to another jurisdiction. The social security code (Sozialgesetzbuch
GB
GB
and the general fiscal law are less important for the administrative law. They supplement the VwVfG and the VwGO in the fields of taxation and social legislation, such as social welfare or financial support for students (BaFÖG) etc.


Special administrative law

The special administrative law consists of various laws. Each special sector has its own law. The most important ones are the * Town and Country Planning Code (Baugesetzbuch auGB * Federal Control of Pollution Act (Bundesimmissionsschutzgesetz ImSchG * Industrial Code (Gewerbeordnung ewO * Police Law (Polizei- und Ordnungsrecht) * Statute Governing Restaurants (Gaststättenrecht astG. In Germany, the highest administrative court for most matters is the federal administrative court
Bundesverwaltungsgericht
Bundesverwaltungsgericht
. There are federal courts with special jurisdiction in the fields of social security law (
Bundessozialgericht The Federal Social Court (''Bundessozialgericht'') is the German federal court of appeals for social security Welfare is a type of government support intended to ensure that members of a society can meet basic human needs such as food and sh ...

Bundessozialgericht
) and tax law ( Bundesfinanzhof).


Italy

In
Italy Italy ( it, Italia ), officially the Italian Republic ( it, Repubblica Italiana, links=no ), is a country consisting of a peninsula delimited by the Alps The Alps ; german: Alpen ; it, Alpi ; rm, Alps; sl, Alpe ) are the highest ...

Italy
administrative law is known as "Diritto amministrativo''", a branch of
public law Public law is the part of law that governs relations between legal person In law, a legal person is any person or 'thing' (less ambiguously, any legal entity) that can do the things a human person is usually able to do in law – such as ent ...
whose rules govern the organization of the
public administration Public administration is the implementation of government policy Public policy is a course of action created and/or enacted, typically by a government A government is the system or group of people governing an organized community, g ...
and the activities of the pursuit of the public interest of the
public administration Public administration is the implementation of government policy Public policy is a course of action created and/or enacted, typically by a government A government is the system or group of people governing an organized community, g ...
and the relationship between this and the citizens. Its genesis is related to the principle of division of powers of the State. The administrative power, originally called "executive", is to organize resources and people whose function is devolved to achieve the public interest objectives as defined by the law.


Netherlands

In the
Netherlands ) , national_anthem = ( en, "William of Nassau") , image_map = EU-Netherlands.svg , map_caption = , image_map2 = BES islands location map.svg , map_caption2 = , image_map3 ...

Netherlands
administrative law provisions are usually contained in the various laws about public services and regulations. There is however also a single General Administrative Law Act ("Algemene wet bestuursrecht" or Awb), which is a rather good sample of procedural laws in Europe. It applies both to the making of administrative decisions and the judicial review of these decisions in courts. Another act about judicial procedures in general is the ''Algemene termijnenwet'' (General time provisions act), with general provisions about time schedules in procedures. On the basis of the Awb, citizens can oppose a decision ('besluit') made by an administrative agency ('bestuursorgaan') within the administration and apply for judicial review in courts if unsuccessful. Before going to court, citizens must usually first object to the decision with the administrative body who made it. This is called "bezwaar". This procedure allows for the administrative body to correct possible mistakes themselves and is used to filter cases before going to court. Sometimes, instead of bezwaar, a different system is used called "administratief beroep" (administrative
appeal In law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded and influenced by its environment, is describ ...
). The difference with bezwaar is that administratief beroep is filed with a different administrative body, usually a higher ranking one, than the administrative body that made the primary decision. Administratief beroep is available only if the law on which the primary decision is based specifically provides for it. An example involves objecting to a
traffic ticket A traffic ticket is a notice issued by a law enforcement File:CBP female officers going aboard a ship.jpg, upU.S. Customs and Border Protection officers boarding a ship 'Law enforcement'' is the activity of some members of government who act in ...
with the district attorney ("officier van justitie"), after which the decision can be appealed in court. Unlike France or Germany, there are no special administrative courts of first instance in the Netherlands, but regular courts have an administrative "chamber" which specializes in administrative appeals. The courts of appeal in administrative cases however are specialized depending on the case, but most administrative appeals end up in the judicial section of the Council of State (
Raad van State
Raad van State
).


Sweden

In
Sweden Sweden ( sv, Sverige ), officially the Kingdom of Sweden ( sv, links=no, Konungariket Sverige ), is a Nordic country The Nordic countries, or the Nordics, are a geographical and cultural region In geography, regions are areas that ...

Sweden
, there is a system of administrative courts that considers only administrative law cases, and is completely separate from the system of general courts. This system has three tiers, with 12 county administrative courts (''förvaltningsrätt'') as the first tier, four administrative courts of appeal (''kammarrätt'') as the second tier, and the
Supreme Administrative Court of Sweden The Supreme Administrative Court of Sweden ( sv, Högsta förvaltningsdomstolen, before 2011 ''Regeringsrätten'', acronym ''RR'' or ''RegR'') is the supreme court and the third and final tier for administrative court cases in Sweden Sweden ...
(''Högsta Förvaltningsdomstolen'') as the third tier. Migration cases are handled in a two-tier system, effectively within the system general administrative courts. Three of the administrative courts serve as migration courts (''migrationsdomstol'') with the Administrative Court of Appeal in Stockholm serving as the Migration Court of Appeal (''Migrationsöverdomstolen'').


Taiwan (ROC)

In
Taiwan Taiwan, officially the Republic of China (ROC), is a country in East Asia East Asia is the eastern region of Asia Asia () is Earth's largest and most populous continent, located primarily in the Eastern Hemisphere, Eastern and N ...

Taiwan
the recently enacted ''Constitutional Procedure Act'' (憲法訴訟法) in 2019 (former ''Constitutional Interpretation Procedure Act, 1993''), the Justices of the Constitutional Court of
Judicial Yuan The Judicial Yuan () is the judicial branch of the government of the Republic of China The Government of the Republic of China, also known retroactively as the Government of Nationalist China, is the unitary government that exercises con ...
of Taiwan is in charge of
judicial interpretation Judicial interpretation is the way in which the judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of court A court is any person or in ...
. This council has made 757 interpretations to date.


Turkey

In
Turkey Turkey ( tr, Türkiye ), officially the Republic of Turkey, is a country located mainly on Anatolia Anatolia,, tr, Anadolu Yarımadası), and the Anatolian plateau. also known as Asia Minor, is a large peninsula in Western Asia an ...

Turkey
, the lawsuits against the acts and actions of the national or local governments and public bodies are handled by administrative courts which are the main administrative courts. The decisions of the administrative courts are checked by the Regional Administrative Courts and Council of State. Council of State as a court of last resort is exactly similar to Conseil d'État in France.


Ukraine

Administrative law in the
Ukraine Ukraine ( uk, Україна, Ukraïna, ) is a country in . It is the in Europe after , which it borders to the east and north-east. Ukraine also shares borders with to the north; , , and to the west; and to the south; and has a coastli ...

Ukraine
is a homogeneous legal substance isolated in a system of jurisprudence characterized as: (1) a branch of law; (2) a science; (3) a discipline.


In common law countries

Generally speaking, most countries that follow the principles of
common law In law, common law (also known as judicial precedent or judge-made law, or case law Case law is the collection of past legal decisions written by courts and similar tribunal A tribunal, generally, is any person or institution with authority ...
have developed procedures for
judicial review Judicial review is a process under which executive Executive may refer to: Role, title, or function * Executive (government), branch of government that has authority and responsibility for the administration of state bureaucracy * Executive, ...
that limit the reviewability of decisions made by administrative law bodies. Often these procedures are coupled with legislation or other common law doctrines that establish standards for proper
rulemaking In administrative law Administrative law is the body of law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded a ...
. Administrative law may also apply to review of decisions of so-called semi-public bodies, such as
non-profit corporations A nonprofit organization (NPO), also known as a non-business entity, not-for-profit organization, or nonprofit institution, is a legal entity organized and operated for a collective, public or social benefit, in contrast with an entity that oper ...
, disciplinary boards, and other decision-making bodies that affect the legal rights of members of a particular group or entity. While administrative decision-making bodies are often controlled by larger governmental units, their decisions could be reviewed by a
court A court is any person or institution, often as a government A government is the system or group of people governing an organized community, generally a state State may refer to: Arts, entertainment, and media Literature * ''Sta ...

court
of
general jurisdiction {{Globalize, article, USA, 2name=the United States, date=December 2010 A court of general jurisdiction is a court with authority to hear cases of all kinds – criminal law, criminal, civil law (common law), civil, family law, family, probate, and ...
under some principle of judicial review based upon
due process Due process is the legal requirement that the state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newspa ...
(United States) or
fundamental justice In Canadian and New Zealand law, fundamental justice is the fairness underlying the administration of justice and its operation. The principles of fundamental justice are specific legal principles that command "significant societal consensus" as ...
(Canada). Judicial review of administrative decisions is different from an administrative appeal. When sitting in review of a decision, the Court will only look at the method in which the decision was arrived at, whereas in an administrative appeal the correctness of the decision itself will be examined, usually by a higher body in the agency. This difference is vital in appreciating administrative law in common law countries. The scope of judicial review may be limited to certain questions of
fairness Fairness or being fair can refer to: * Justice * The character in the award-nominated musical comedy ''A Theory of Justice: The Musical!, A Theory of Justice: The Musical.'' * Equity (law), a legal principle allowing for the use of discretion a ...
, or whether the administrative action is ''
ultra vires ''Ultra vires'' (Latin Latin (, or , ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken in the area around Rome, known as Latium. Through the power of the Rom ...
''. In terms of ultra vires actions in the broad sense, a reviewing court may set aside an administrative decision if it is unreasonable (under Canadian law, following the rejection of the "Patently Unreasonable" standard by the Supreme Court in Dunsmuir v New Brunswick), ''Wednesbury'' unreasonable (under British law), or arbitrary and capricious (under U.S. Administrative Procedure Act and New York State law). Administrative law, as laid down by the
Supreme Court of India The Supreme Court of India (IAST The International Alphabet of Sanskrit Transliteration (IAST) is a transliteration scheme that allows the lossless romanisation Romanization or romanisation, in linguistics Linguistics is the scie ...

Supreme Court of India
, has also recognized two more grounds of judicial review which were recognized but not applied by English Courts, namely
legitimate expectation The doctrine of legitimate expectation was first developed in English law English law is the common law List of national legal systems, legal system of England and Wales, comprising mainly English criminal law, criminal law and Civil law (com ...
and proportionality. The powers to review administrative decisions are usually established by statute, but were originally developed from the royal
prerogative writ A prerogative writ is a writ In common law, a writ (Anglo-Saxon ''gewrit'', Latin ''breve'') is a formal written order issued by a body with administrative or judicial jurisdiction Jurisdiction (from Latin ''Wikt:ius#Latin, juris'' 'law' + ' ...
s of
English law English law is the common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions. ''Blac ...
, such as the writ of
mandamus (; ) is a judicial remedy A legal remedy, also referred to as judicial relief or a judicial remedy, is the means with which a court of law A court is any person or institution, often as a government institution, with the authority to Ad ...
and the writ of
certiorari In law, ''certiorari'' is a Legal process, court process to seek judicial review of a decision of a lower court or government agency. ''Certiorari'' comes from the name of an English prerogative writ, issued by a superior court to direct that t ...
. In certain common law jurisdictions, such as
India India, officially the Republic of India (Hindi Hindi (Devanagari: , हिंदी, ISO 15919, ISO: ), or more precisely Modern Standard Hindi (Devanagari: , ISO 15919, ISO: ), is an Indo-Aryan language spoken chiefly in Hindi Belt, ...

India
or
Pakistan Pakistan, . Pronounced variably in English as , , , and . officially the Islamic Republic of Pakistan, is a country in South Asia. It is the world's List of countries and dependencies by population, fifth-most populous country, with a popul ...

Pakistan
, the power to pass such writs is a Constitutionally guaranteed power. This power is seen as fundamental to the power of judicial review and an aspect of the independent
judiciary The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of court A court is any person or institution, often as a government A government i ...
.


Australia


Canada


Singapore


United Kingdom


United States

In the United States, many
government agencies A government or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an Administration ...
are organized under the
executive branch The executive (short for executive branch or executive power) is the part of government that enforces law, and has Moral responsibility, responsibility for the governance of a State (polity), state. In political systems based on the principle ...
of government, although a few are part of the
judicial The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of court A court is any person or institution, often as a government A government i ...
or legislative branches. In the
federal government A federation (also known as a federal state) is a political entity A polity is an identifiable political Politics (from , ) is the set of activities that are associated with Decision-making, making decisions in Social group, groups, ...
, the executive branch, led by the
president President most commonly refers to: *President (corporate title) A president is a leader of an organization, company, community, club, trade union, university or other group. The relationship between a president and a Chief Executive Officer, chi ...

president
, controls the federal executive departments, which are led by secretaries who are members of the
United States Cabinet The Cabinet of the United States is a body consisting of the Vice President of the United States, vice president of the United States and the heads of the Federal government of the United States, executive branch's United States federal executiv ...
. The many
independent agencies of the United States government Independent agencies of the Federal government of the United States, United States federal government are List of federal agencies in the United States, agencies that exist outside the United States federal executive departments, federal executive ...
created by
statutes A statute is a formal written enactment of a legislative A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of collective) ...
enacted by
Congress Congresses are formal meetings of the representatives of different countries A country is a distinct territorial body or political entity A polity is an identifiable political entity—any group of people who have a collective identity, ...

Congress
exist outside of the federal executive departments but are still part of the executive branch. Congress has also created some special judicial bodies known as
Article I tribunals Federal tribunals in the United States are those tribunal A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For e ...
to handle some areas of administrative law. The actions of executive agencies and 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 Congresses are formal meetings of the representatives of different countries A country is a distinct territorial body or political entity A polity is an identifiable political entity—any group of people who have a collective identity, ...
enacted the Administrative Procedure Act (APA) in 1946. Many of the independent agencies operate as miniature versions of the tripartite federal government, with the authority to "legislate" (through
rulemaking In administrative law Administrative law is the body of law Law is a system A system is a group of Interaction, interacting or interrelated elements that act according to a set of rules to form a unified whole. A system, surrounded a ...
; see
Federal Register The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal A government gazette (also known as official gazette, official journal, official newspaper, official monitor or official bulletin) is a periodical publication that h ...
and
Code of Federal Regulations The ''Code of Federal Regulations'' (''CFR'') is the codification of the general and permanent regulations published in the ''Federal Register The ''Federal Register'' (FR or sometimes Fed. Reg.) is the official journal A government gazett ...

Code of Federal Regulations
), "adjudicate" (through administrative hearings), and to "execute" administrative goals (through agency enforcement personnel). Because the
United States Constitution The Constitution of the United States is the supreme law A constitution is an aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation An organization, or orga ...

United States Constitution
sets no limits on this tripartite authority of
administrative agencies A government or state agency, sometimes an appointed commission, is a permanent or semi-permanent organization in the machinery of government The machinery of government (sometimes abbreviated as MoG) is the interconnected structures and processe ...
, Congress enacted the APA to establish fair administrative law procedures to comply with the constitutional requirements of
due process Due process is the legal requirement that the state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newspa ...
. Agency procedures are drawn from four sources of authority: the APA, organic statutes, agency rules, and informal agency practice. It is important to note, though, that agencies can only act within their congressionally delegated authority, and must comply with the requirements of the APA. At state level the first version of the Model State Administrative Procedure Act was promulgated and published in 1946 by the Uniform Law Commission (ULC), in which year the Federal Administrative Procedure Act was drafted. It is incorporated basic principles with only enough elaboration of detail to support essential features, therefore it is a “model”, and not a “uniform”, act. A model act is needed because state administrative law in the states is not uniform, and there are a variety of approaches used in the various states. Later it was modified in 1961 and 1981. The present version is the 2010 Model State Administrative Procedure Act (MSAPA) which maintains the continuity with earlier ones. The reason of the revision is that, in the past two decades state legislatures, dissatisfied with agency rule-making and adjudication, have enacted statutes that modify administrative adjudication and rule-making procedure. The American Bar Association's official journal concerning administrative law is the ''Administrative Law Review'', a quarterly publication that is managed and edited by students at the Washington College of Law.


Historical development

Stephen Breyer, a U.S. Supreme Court Justice since 1994, divides the history of administrative law in the United States into six discrete periods, in his book, ''Administrative Law & Regulatory Policy'' (3d Ed., 1992): * English antecedents & the American experience to 1875 * 1875 – 1930: the rise of regulation & the traditional model of administrative law * 1930 - 1945: the New Deal * 1945 – 1965: the Administrative Procedure Act & the maturation of the traditional model of administrative law * 1965 – 1985: critique and transformation of the administrative process * 1985 – ?: retreat or consolidation


Agriculture

The agricultural sector is one of the most heavily regulated sectors in the U.S. economy, as it is regulated in various ways at the international, federal, state, and local levels. Consequently, administrative law is a significant component of the discipline of agricultural law. The United States Department of Agriculture and its myriad agencies such as th
Agricultural Marketing Service
are the primary sources of regulatory activity, although other administrative bodies such as the United States Environmental Protection Agency, Environmental Protection Agency play a significant regulatory role as well.


See also

* Constitutionalism * Rule of law * Rechtsstaat


References


Further reading

* {{DEFAULTSORT:Administrative Law Administrative law,