Title: Administrative Law | Wex | US Law | LII / Legal Information Institute
Headings: Administrative Law
Administrative Law
Definition
Overview
Administrative Law--Structure of Agencies
Statutory Regulation of Agencies
Administrative Law -- Judicial Review of Agency Actions
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Content: Generally, administrative agencies are created to protect a public interest rather than to vindicate private rights. Administrative Law--Structure of Agencies
While some textualist scholars argue that administrative agencies are unconstitutional, particularly because of unconstitutional delegation of law-making power, the current jurisprudence in administrative law deems agencies constitutional, and necessary in the current society in the functional and pragmatic sense. Indeed, because the Congress cannot enforce and administer every law it enacts, it must rely on the agencies to administer, interpret, enforce, and otherwise regulate various federal laws the Congress has enacted. Some of the most notable agencies are the executive agencies such as the Department of Justice and Department of Defense, etc. as well as some independent agencies such as the Federal Trade Commission, Securities and Exchange Commission, and the Environmental Protection Agency, all of which are independent from the direct control of the President. These agencies have enormous power to interpret the broad congressional laws to enact various rules defining and interpreting the relevant statutes, and to enforce those rules, and adjudicate matters according to those regulations. Statutory Regulation of Agencies
However, despite their enormous powers, the governmental agencies must still act within Constitutional and statutory parameters. These and other limits have been codified, for the most part, into the overall statute known as the Administrative Procedure Act (APA) and state analogs, which provides for the roles and powers of all the agencies, and the procedures by which they must abide by in all their functions. APA categorizes administrative functions into formal and informal rulemaking and adjudication, which have binding effects, as well as guidance, which has no binding effect. The APA further prescribes certain procedural rules by which the agencies need to follow before acting in one of the functions listed.