What Is Administrative Law?


Administrative law consists of the laws that govern how government agencies create rules and regulations, conduct hearings and adjudicate disputes. It also covers the procedures that courts and other governmental entities use to review those decisions.


Many business professionals and health care professionals interact with state and federal administrative agencies on a regular basis. To be successful in those interactions, lawyers must understand how agencies work.

Regulatory Agencies

Administrative law involves the bodies of laws, procedures, and legal institutions governing government agencies as they implement legislation and administer public programs. As such, it is a complex and dynamic field that crosses the boundaries of many disciplines: law and politics, political science, and law and society. Much research in this area is devoted to developing better understandings of how the rules and institutions of government agencies promote or undermine core political and social values.

Most countries with common law systems have developed a body of law that regulates how governmental agencies make decisions, what kinds of decisions they can make, and the procedures by which those decisions are made. The principles behind these laws usually involve ensuring that when a government body acts, it is doing so in a reasonable and fair manner. Various considerations are involved in this, including that the decision-making process is adequate and has not been abused or misused, and that all relevant interests have been considered.

The primary function of a regulatory agency is to create regulations (also known as statutes) that have the force of law. These regulations are published in a chronological form in the Federal Register, available on GovInfo KF 70.A2, and in the electronic databases of HeinOnline, Bloomberg Law, and LexisNexis. Each agency has its own enabling statute, which sets forth the powers that it has and what sorts of actions it can take. These statutory authorities, along with the Constitution and other laws, govern how an agency may act.

Enforcement Procedures

The enforcement part of the regulatory process begins once a policy is considered to be “in effect” and has been codified in the Code of Federal Regulations. This phase can involve a variety of tools – such as fines, public disclosure of violations and legal action. However, an administration can also choose not to enforce or weakly enforce existing policies – and sometimes even reverse them through executive orders bypassing congressional input.

The Department’s internal procedures have evolved over time to address a growing number of new and complex requirements in the areas of rulemaking, guidance documents and enforcement proceedings. This final rule compiles those existing 이혼전문변호사 procedures into a comprehensive set of regulations that will increase accountability, facilitate more robust public participation and strengthen the quality and fairness of all departmental decision making.

This rule does not establish new legal standards or impose new requirements, so it is exempt from notice and comment under the Administrative Procedure Act (APA). Rather, this final rule restates and clarifies existing legal authorities without imposing any additional burdens on regulated parties. The Department does not anticipate that this rule will have an economic impact on regulated entities. Additionally, the Department has determined that this action is a minor internal agency procedure, which allows it to skip the normal public comment period and publish the rule in the Federal Register.

Judicial Review

Judicial review is the power of the courts to scrutinize laws and executive and legislative decisions. The concept is central to our system of government because it allows the Supreme Court to check the other branches of government, and to ensure that they abide by the Constitution.

The Supreme Court first established the principle of judicial review in 1803 in Marbury v. Madison, and since then the Court has greatly expanded it. Essentially, the Court is empowered to overturn any state law, executive, or judicial decision if it deems it unconstitutional. The principal statute regulating agency rulemaking is the Administrative Procedure Act (APA), which creates a strong presumption that federal courts will review any final agency action for violations of the APA.

Various statutory schemes set out rules about how a judicial review should be conducted, for example Order 84 of the Rules of Superior Courts. Judicial reviews are generally concerned with how the decision was made rather than its substance. However, there is a limited amount of scope for the High Court to look at the substance of a decision as well.

Some delegates at the Constitutional Convention had personal experience with judicial review as they were either lawyers or judges in cases involving it. During the convention debates, several of them referred to some of these cases.

Decision-Making Process

A decision-making process is an organized approach to problem solving that yields a solution deemed optimal or satisfactory. The process can be irrational or rational and may be based on explicit or tacit knowledge and beliefs. The decision-making process is a necessary component of managing successful business operations. An effective decision-making process is one that includes the following steps: Identify the nature of the decision to be made. Seek information about the alternatives and their likely effects. Evaluate and choose the alternative that best meets the need identified in Step 1. Implement the decision in business operations. Monitor and evaluate the decision’s effect on business operations and make changes as necessary.