Administrative law
Definition
Branch of law governing the creation and operation of administrative agencies. Of special importance are the powers granted to administrative agencies, the substantive rules that such agencies make, and the legal relationships between such agencies, other government bodies, and the public at large.
Overview
Administrative law encompasses laws and legal principles governing the administration and regulation of government agencies (both Federal and state). Such agencies are delegated power by Congress (or in the case of a state agency, the state legislature) to act as agents for the executive. Generally, administrative agencies are created to protect a public interest rather than to vindicate private rights.
Governmental agencies must act within Constitutional parameters. These and other limits have been codified into statutes such as the Federal Administrative Procedure Act (FAPA) and state analogs.
The FAPA is a remedial statute designed to ensure uniformity and openness in the procedures used by federal agencies. The Act is comprised of a comprehensive regulatory scheme governing regulations, adjudications, and rule making in general terms. The FAPA is the major source for federal administrative agency law, while state agencies' administration and regulation are governed by comparable state acts.
Definition from Nolo’s Plain-English Law Dictionary
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:10 pm
menu of sources
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Federal Material
Federal Statutes
- 5 U.S.C. - Government Organization and Employees
- 5 U.S.C., Ch. 5 - Federal Administrative Procedure Act
Federal Agency Regulations
- See generally the Code of Federal Regulations
Federal Judicial Decisions
- Supreme Court:
- U.S. Circuit Courts of Appeals: Recent Decisions on Administrative Law
State Material
State Statutes
State Judicial Decisions
- NY Court of Appeals:
- Appellate Decisions from Other States
Other References
Key Internet Sources
- EFOIA Guidelines
- Administrative Law News
- ABA Section of Administrative Law & Regulatory Practice
- ABA Administrative Procedure Database (Florida State University College of Law)
- House Judiciary Committee (includes information from Subcommittee on Commercial and Administrative Law)
- Weblogs
Useful Offnet (or Subscription - $) Sources
- Good Starting Point in Print: Alfred C. Aman, Jr. & William T. Mayton, Hornbook on Administrative Law, West Group (2001)
- LII Downloads