Administrative Law

Administrative law is regulatory law created by administrative agencies. Regulations are created and enforced by administrative agencies which can be executive, legislative or independent. Agencies exist at both the state and federal level. They are involved in creating and enforcing regulation. They are governed by their enabling statute and administrative procedures acts.

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Overview of Administrative Law

Administrative law governs the activities of administrative agencies of government  include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law ideals with the decision-making of administrative units of government such as boards and commissions that are part of a national regulatory scheme in such areas as police law, 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.

Civil law countries often have specialized courts, administrative courts, that review these decisions. Most contested cases in administrative courts are related to taxation. Agency courts usually have their own appeal track separate from the judicial courts. Administrative decisions are reviewed on a limited basis by the courts. The scope of the review is defined by statute and constitutional due process. Federal courts review whether the decision was “arbitrary or capricious” under the U.S. Administrative Procedure Act. States generally have their own version of the Administrative Procedures Act.

In the United States, many government agencies are organized under the executive branch of government, although a few are part of the judicial or legislative branches. Congress has also created some special judicial bodies known as Article I tribunals to handle some areas of administrative law.

In administrative courts, the rules and procedures are relaxed compared to judicial courts. One notable difference is that hearsay deemed reliable by the hearing officer can be admitted in administrative proceedings.

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