Page 34 - 4228
P. 34

Administrative Law





                         The  executive  branches  of  government,  from  the  local  to  the
                  national  level,  are  empowered  to  administer  laws  for  the  welfare  of
                  society.  To  accomplish  this  end,  agencies,  departments,  bureaus,  and
                  commissions  are  set  up  as  part  of  an  executive  branch.  These

                  administrative  bodies  are  created  by  legislative  bodies  to  carry  out  a
                  wide  variety  of  functions  both  on  behalf  of  government  and  for  the
                  public.  These  functions  include  the  overseeing  of  education,  traffic

                  control, tax collecting, defense, highway and bridge construction, quality
                  control  of  consumer  goods,  slum  clearance,  and  public  transportation,
                  among others.

                         Administrative  bodies  are  empowered  by  legislatures  with  the
                  authority to do their work. Their power may be allocated in two ways:
                  specific  statutory  directions  that  tell  an  agency  exactly  how  it  shall

                  operate, or discretionary authorization that allows an agency to devise its
                  own regulations.
                         In many cases, it is a mixture of the two. The term administrative
                  law  has  come  to  mean  both  the  regulations  that  govern  the  internal

                  operation of an agency or department and the procedures it may use in
                  the performance of its tasks.
                         The powers that agencies have are called delegated powers; they

                  do not originate in the constitution of a nation as do the powers of the
                  legislature, the courts, and the executive branch. Because the powers arc
                  delegated, or granted, they must be subject to some check by a higher
                  authority  so  that  agencies  do  not  exercise  their  power  in  a  way  that

                  would  be  detrimental  to  the  public  good.  The  process  by  which  the
                  activities of agencies are checked and controlled by the courts is called
                  judicial review.

                         Judicial  review  inquires  into  the  legal  competence  of  public
                  agencies, the validity of their regulations, and the fairness and adequacy
                  of their procedures. If, for instance, a government department decided to

                  build a new highway through a city, citizens could sue the government
                  to stop the project until all environmental issues had been considered. A
                  court or tribunal would then have the task of deciding the validity of the

                  case.
                         In  the  United  States  the  court  systems  exercise  the  power  of
                  judicial review, and they have far-reaching authority in doing so. In the

                                                                33
   29   30   31   32   33   34   35   36   37   38   39